Research oncriminal law regulation of financial derivatives in blockchain
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D924.33

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    Abstract:

    Blockchain technology has been closely related to finance since it came into being. As a new technical combination, it is penetrating into different financial scenarios. The development of blockchain has changed the traditional financial operating model, and greatly impacted the financial risk management and the existing legal system. The high degree of anonymity and decentralized trading of financial derivatives in blockchain hinders the collection of information by regulators, makes it difficult to ensure the accuracy and comprehensiveness of information, thus leads to a regulatory gap in some industries, and makes room for crime. Therefore, the criminal law regulation on financial derivatives can maintain the stability of the national currency, guard against financial risks, and prevent induced crime, which is necessary. In blockchain, there are three theories about the attributes of the financial derivatives of blockchain: being currency, being financial instrument and being property. By comparing the legal policies of blockchain financial derivatives in Germany, the United States, Japan and Russia, combined with domestic blockchain financial derivatives trading practice, it is mainly used as financial instruments, so it sounds more reasonable to identify blockchain financial derivatives as financial instruments. Financial derivatives trading in blockchain involves criminal law interests such as the security of financial transactions and financial management and the property security of financial investors. We can prevent the crime of financial derivatives trading in blockchain and promote its healthy development on the track of the rule of law only by taking criminal policies as the guidance, basing on reality and looking forward to the future, taking criminal laws as the basis, persisting in the combination of prevention and control risks and promoting technological development, taking criminal compliance as the assistance, establishing a system and mechanism of punishment and non-punishment, and building a three-dimensional regulation system.

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杨玉晓.区块链金融衍生品刑法规制研究[J].重庆大学学报社会科学版,2020,26(6):127~137

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  • Received:
  • Revised:March 12,2020
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  • Online: November 12,2020
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