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Is it illegal to sell mining machines?

Mining machines are illegal in our country. This is because under the background of carbon neutrality in China, the Notice on Further Preventing and Handling the Speculative Risks of Virtual Currency Trading clearly defined the virtual currency business as illegal financial activities. 9.24. The Notice on Regulating Virtual Currency Mining issued by the National Development and Reform Commission and other departments on the same day also clearly stipulates that virtual currency mining is completely prohibited. The second paragraph of Article 2 of the Notice clearly requires: "Distinguish between virtual currency mining and stock projects, and it is strictly forbidden to invest in incremental projects and develop virtual currency mining projects in any name; Accelerate the orderly exit of the virtual currency' mining' project. " On the premise of ensuring a smooth transition, scientifically determine the withdrawal progress and implementation path of stock projects in combination with the actual situation in various regions. "

What is virtual currency? What is virtual currency "mining"?

Virtual currency exists in the network world in digital form. It is not a real currency, has no monetary attributes such as legal compensation and compulsion, and has no legal status equivalent to currency. It cannot and should not be circulated in the market as currency, and the behavior of investing and trading virtual currency is not protected by law.

The "mining" activity of virtual currency refers to the process of calculating and producing virtual currency through a special "mining machine". Energy consumption and carbon emissions are relatively large, and their contribution to the national economy is relatively low, and their driving role to industrial development and scientific and technological progress is limited. In addition, the risks derived from the production and trading of virtual currency are becoming more and more prominent, and its blind and disorderly development has a negative impact on promoting high-quality economic and social development and energy conservation and emission reduction.

The harm of "mining"

First, it will cause a lot of energy consumption and carbon emissions, which goes against the new development concept and is not conducive to achieving the peak of national carbon dioxide emissions and carbon neutrality.

Second, it consumes a lot of computing resources, which makes the system, software and application services run slowly. Once the personal computer or server is controlled by the "mining" program, it will cause data leakage or virus infection, which will easily lead to network security problems.

Third, it disturbs the normal financial order and even social order, and often becomes a tool for illegal and criminal activities such as money laundering and illegal transfer of assets; Some criminal gangs attract investors to buy the share of computing power by selling virtual currency "mining" equipment to the public or renting "mining" computing power, defrauding residents of personal money and affecting social order stability.

Fourth, some employees of state-owned units use state resources and public resources to make profits, which is a typical behavior that does not distinguish between public and private, harms public interests and personal interests, seriously violates party discipline and political discipline, and seriously affects the effectiveness of the state's rectification of virtual currency "mining".

legal ground

Criminal law of the people's Republic of China

Article 13 Endangering national sovereignty, territorial integrity and security, splitting the country, subverting the people's democratic dictatorship and overthrowing the socialist system, disrupting social and economic order, infringing on state-owned property or property collectively owned by working people, infringing on citizens' private property, infringing on citizens' personal rights, democratic rights and other rights, and other acts that endanger society that should be punished according to law are all crimes, but if the circumstances are obviously minor and the harm is not great, they are not considered crimes.