“虚拟货币”投资，能得到法律保护吗

　　吴之如/漫画

　　委托闺蜜的男友对虚拟货币进行投资理财，不但没赚到钱，投资的本金还损失了一大半，因不甘接受损失，便要求闺蜜赔偿亏损的本钱，还将闺蜜诉至法院。闺蜜则提出，委托人与虚拟货币交易平台构成理财合同关系，应当向虚拟货币交易平台主张权利，不同意赔偿。

The client’s best friend’s boyfriend invests in virtual money not only because he has not earned money, but also because he has lost half of his capital, he asks his best friend to pay for the loss and sues his best friend to the court. She argues that the client’s relationship with the virtual money trading platform constitutes a financial contract and should claim his rights to the virtual money trading platform and do not agree to compensation.

　　那么，“虚拟货币”在我国法律中的地位如何？投资虚拟货币是否受到法律保护？日前，江苏省南京市江宁区法院就该起闺蜜间因投资虚拟货币引发的纠纷作出了判决。

So, what is the status of “virtual currency” in our laws? Is the investment of virtual currency protected by law?

　　闺蜜引荐，投资“虚拟货币”

Girlfriend promotion, investment in "virtual currency"

　　佟莉莉与徐雅静都是江宁区人，徐雅静比佟莉莉小三岁，两人既是同事，又是比亲姐妹还亲的闺蜜。上班时，两人形影不离。下班后，也经常相约一起逛街、购物、玩耍。有了好事，两人一起分享；有了烦恼，两人一起分担。

She and Xu Ya-Jing are from Jiang Ning District, and Xu Ya-Jing is three years younger than Lily, both of whom are co-workers and friends who are close to their sisters. At work, the two are close to each other. After work, they often meet together to go shopping, shopping and play. There's good things, they share them, and there's troubles, they share them.

　　徐雅静有个男朋友，名叫卞志海，开了一家公司，在经营公司业务的同时，也专注于一些投资理财。因比较善于投资理财，卞志海挣了一些钱，这让徐雅静十分钦佩。2016年，卞志海接触到一种名叫“蒂克币”的网络虚拟货币，就试着投资了一些，几个月下来，挣的钱比炒股票挣的钱还多，让徐雅静对卞志海更是另眼相看。

Xu Yazheng has a boyfriend named Xi Zhihei, who runs a company that also focuses on investment management while doing business. Xi Xi Xi Xi Xi Xi Xizhihai earns some money, which impresses him. In 2016, Xi Xi Xi Xi Xi ́s contact with a virtual currency called “Ticco” tried to invest some, and for a few months now, he earned more money than a stock builder, making Xi Xi Xi Xi look at Xi Xi Xi Xi Xi Xi Xi Xi even more.

　　蒂克币是一种网络虚拟货币，买卖蒂克币也是一种新型的网络投资渠道。但对徐雅静来说，有关蒂克币的投资有些神秘。为了满足徐雅静的好奇心，也让徐雅静放心，卞志海便解释说：“蒂克币投资，就是挖矿，即花钱租或买矿机挖矿，从而获得蒂克币。矿机由全球领先的云矿机模式提供，不用担心矿机的维修、升级及更新，全部由云端系统进行智能化管理。挖到蒂克币，可以通过蒂克币交易平台完成实名注册，绑定银行卡后，在交易平台随时买入和卖出，完成兑换，从而使投资变现。”卞志海还分析说，蒂克币限量发行2800万枚，通过矿机20年的时间开采出来。因为数量恒定，越开采越少，而参与蒂克币挖矿，成为蒂克币玩家的人越来越多，所以蒂克币会越来越值钱。此前，比特币是最好的虚拟货币，从最开始的0.03美元上涨到现在的4000美元，上涨了十几万倍，刚开始很多人看不懂，看不明白，也不相信，但现在事实证明上涨空间后，很多人开始加入。可是，现在比特币已经进入买涨卖跌的时候，错过了投资的最佳时期，而蒂克币是一种新型的数字电子虚拟货币，刚进入我国一年左右，是目前最具投资价值的币种。

In order to satisfy Xu Yajing’s curiosity, and to reassure Xu Yayake, Ticco explains: “Ticco invests in mining, that is to say, renting or buying mine machines, to get Ticco. The mine is provided by the world’s leading cloud machine model, not to worry about maintenance, upgrading, and upgrading of the mine, all of which are intelligently managed by cloudy systems. The digged to Ticcocococo, which can be registered as a Ticco trading platform, tied to a bank card, bought and sold at any time at a trading platform, and converted into a currency.” The Ticco also analyses that Tic’s limited distribution of 28 million pieces, mined through the mine machine for 20 years, and that the number of people who are now buying the currency has fallen by a few hundred thousand dollars, so that Ticco’s currency will be worth more and more.

　　卞志海分析得头头是道，徐雅静也对卞志海口中的巨大投资前景十分感兴趣，心想有这么好的投资途径，一定要带上闺蜜佟莉莉。

Xu Yajing is also very interested in the great investment prospects of Xi Zhihai, and in order to have such a good investment path, she must bring her best friend Lily with her.

　　第二天下班后，徐雅静与佟莉莉相约到外面吃饭。席间，徐雅静对佟莉莉说道：“我男朋友卞志海对理财挺在行的，赚了不少钱。现在，他开始玩起了蒂克币。据他说，蒂克币很有投资价值，收益不是一倍而是十倍地赚，如果玩得好，赚取更高的收益都不是神话。如果你有兴趣，就让我男朋友帮你投资，有财我们一起发呗！”

After work the next day, Xu Ya-Jing and Xiao-Li-Li went out to eat. During the table, Xu Ya-Jing said to Xi-Li-Li-Li: "My boyfriend Xi Chi-hai is good at money and makes a lot of money. Now he's playing with Tic-coin. According to him, Tic-coin is an investment value, it's not twice but ten times, and if it's a good game, it's not a myth. If you're interested, let my boyfriend invest in it for you and we'll get the money together."

　　“蒂克币究竟是什么东西？”见佟莉莉不解，徐雅静就将卞志海对她所说的内容，一五一十地向佟莉莉描述了一遍。见有如此好的事，佟莉莉也就动心了：“行啊！那我就投上几万元，让你男朋友带上我一起发财呗！”

"What's a Ticco?" So, when she didn't understand what she said to her, Seo Ya-jung described it to her, and then she was moved to see something so good: "Okay, I'll vote for tens of thousands of dollars, so your boyfriend can take me with him to make a fortune."

　　就这样，佟莉莉于2017年1月18日、2月11日，两次来到卞志海的公司，通过卞志海公司的POS机刷卡分别支付了2.1万元、2.5万元。随后，卞志海在蒂克币平台上注册了一个新的账号，用佟莉莉投资的4.6万元购买了5台矿机，用于挖掘蒂克币，并绑定了自己的手机号码。

As a result, on 18 January and 11 February 2017, two companies came to Shin Chihai and paid $21,000 and $25,000, respectively, through the POS machine swipe card of Jin Chihai. Subsequently, Jin Chi Hae registered a new account on the Ticco platform and purchased five mine machines with $46,000 invested in Lilly to dig for Ticco and tie up his cell phone numbers.

　　随后，卞志海就帮佟莉莉用5台矿机不断挖掘蒂克币，一个月下来竟然挖到了110个蒂克币，后以每枚310元的价格出售了这些蒂克币。卞志海拿出其中55个蒂克币的收益款，在扣除手续费后，先后于3月10日向佟莉莉支付7050元、于3月11日向佟莉莉支付1万元，“这是你这个月的投资收益，以后每个月都有收益。”卞志海告诉佟莉莉。

He then helped Xi Chihai dig Ticco with five mine machines, and then dug up 110 Ticco dollars a month later and sold them at a price of $310 each. Xi Chihai paid 55 of them, after deducting charges, $7050 to Xi Lili on 10 March and $10,000 to Xi Lili on 11 March, “This is your return on this month's investment, and every month thereafter.” Xi Chi Hae told Xi Hai Lili.

　　投入了4.6万元，仅一个月时间，就收益近1.7万元，如此高的收益深深吸引了佟莉莉。为此，她于2017年3月16日从收取的收益款中再次拿出1.5万元交给了卞志海。考虑到卞志海帮自己赚钱花了不少精力和一些费用，佟莉莉明确表示这次所付的款项加上之前给付的4.6万元，扣除一些费用后，共5.3万余元作为投资款，用于投资蒂克币。

With $46,000 invested in just one month, the return of almost $17,000 was so high that it attracted Liri. To that end, on 16 March 2017, she made another $15,000 out of the proceeds she received. Given the amount of effort and costs she spent on making money for herself, Lilly made it clear that the sum paid, together with the $46,000 previously paid, was more than $53,000, after deducting some of the costs, to invest in Ticco.

　　投资打了水漂，闺蜜反目成仇

I've lost my investment and my best friend's enemies.

　　就在佟莉莉期待能获取更多收益时，又一个月匆匆过去了。佟莉莉来到卞志海的公司领取收益款时，得到的却是卞志海无奈地解释：“由于有电视媒体披露蒂克币是一场骗局，蒂克币已经崩盘了，网站也关闭了，5台矿机内还有很多蒂克币，可现在已经无法兑现，我也没有办法。”

Just a month later, at a time when Lily was expecting more returns. When Lily came to Jin Chihai's company to receive the proceeds, she was able to explain: "As television outlets reveal that Ticco is a fraud, Ticco has collapsed, the website is closed, there's still a lot of Ticco in the five mine machines, but I can't do it anymore."

　　“怎么会这样？！我投入5万多元，仅仅两个月时间，就收到1.7万元的收益，其余的就这样全打了水漂？”佟莉莉怎么也不能接受这样的现实：“那你也得把我亏的钱补给我吧。”

“How come? I've invested 50,000 in diversity, I've received $17,000 in just two months, and all the rest has just been washed away?” And how could she not accept the reality: “Then you have to replenish me with the money I've lost.”

　　可是，卞志海认为，自己是帮佟莉莉理财，对于亏损他根本无义务赔偿，对佟莉莉的要求，卞志海自然是断然拒绝。经多次交涉无果，加上对卞志海的解释有些存疑，佟莉莉又找到徐雅静，向徐雅静要到了那5台矿机的密码并进入账户查看，试图变卖矿机里剩余的蒂克币。

However, Ping Chihai argued that he was helping Lily in the management of his money and that he had no obligation to compensate him for the loss, and that his demands on Lian Chihai were simply rejected. After several unsuccessful attempts, along with some doubts about his interpretation, he found Seo Ya-Jing and asked Seo Ya-Jing to access the codes of the five mine machines and check the accounts, trying to sell the remainder of the Ticco in the mine.

　　但变卖蒂克币需要用绑定的手机接收验证码，佟莉莉又试图将5台矿机绑定的卞志海手机号码变更成自己的手机号码，却无法修改，从而无法实际操纵蒂克币交易。

However, the sale of Ticco requires a binding mobile phone to receive the authentication code, and Lilly's attempt to change the cell number of the five miners to her own mobile phone number has not been able to be modified to make it impossible to actually manipulate the Ticco deal.

　　无奈之下，佟莉莉请徐雅静从中协调。2017年6月12日，在徐雅静的周旋下，卞志海联系蒂克币交易平台矿机账户安全客服人员，要求更改5台矿机绑定的手机号码，却被告知无法更改，佟莉莉的亏损也就不能通过交易挖到的蒂克币来弥补。

On June 12, 2017, under Xu Yajing’s spin, Xi Zhihai contacted the security attendants of the Tic currency trading platform’s bank account, asking for a change in the cell phone numbers tied to the five machines, but was told that it was impossible to change, and that Xu Jian Jing’s losses could not be compensated for by the Ticco.

　　虽然蒂克币已经崩盘，但自己的损失不能就这样算了。是徐雅静劝说自己投资蒂克币的，并向自己推荐了她的男朋友卞志海。现在卞志海不肯赔偿自己的亏损，那么亏损就应当由徐雅静来赔偿。于是，佟莉莉便又找到徐雅静，希望徐雅静能劝说卞志海赔偿自己的亏损，不然就要求由徐雅静赔付。对于佟莉莉这样的要求，徐雅静觉得太过分了，表示无能为力。就这样，曾经的闺蜜就此产生矛盾，直至反目成仇。在协商无果的情况下，佟莉莉来到了江宁区法院，将徐雅静告上法庭。

It was Xu Ya-Jing who persuaded himself to invest in Tic-coin and recommended her boyfriend Xi Chihai to himself. Now Xi Chi-hai refuses to compensate for his loss, then the loss should be compensated by Xu Ya-Jing. So Xi-Jing found Xu Ya-Jing, hoping that Xu-Jing could persuade Xi to pay his loss, or ask Xu-Jing to pay for his loss. Xu-Jian-Jing is too excessive and powerless to do anything about such a request. As a result, Xi-Ji-Ji-Ji-Ji is in conflict with him until he turns into revenge. In the event of no outcome of the negotiations, Xu-Ji-Ji-Ji-Ji-Ji went to the Jiangning District Court and went to court to sue Xu-Ji-Ji-Ji-Ji-Ji.

　　在法庭上，佟莉莉诉称，2017年1月，徐雅静以投资少、收益多而动员本人投资购买蒂克币，本人信以为真，便同意购买。1月18日，徐雅静将本人带至其男朋友卞志海公司，分两次用POS机刷走2.1万元、2.5万元，并于3月16日刷走1.5万元，其中53040元用于投资。徐雅静于3月10日通过卞志海向本人转账7050元、于3月11日通过现金方式向本人支付1万元，徐雅静告知本人，这17050元为蒂克币的收益，并承诺以后每月均有收益。但此后，徐雅静再未向本人支付过收益。“我认为，徐雅静以投资经营蒂克币为由收取本人投资款53040万元，现仅退还17050元，余款35990元应当予以返还。”

In court, Xu Yili claimed that in January 2017, Xu Yajing mobilized himself to invest in Tik coins with little investment and much gain, and agreed to do so, believing that it was true. On January 18, Xu Yajing took himself to his boyfriend, Xing Zhihai, where he swiped $21,000 and $25,000 in two separate POS machines, and on March 16, where he swiped $15,000, of which $530.40 was invested. Xu Yajing transferred $7050 to himself on March 10 through Shin Zhihai, paid himself $10,000 in cash on March 11, and told me that Xu Yajing had promised $17050 as the return of Tik and promised every month thereafter that he would receive the return. “I believe that Xu Yajing received his investment of $530.4 million on account of investing in Tik, and that only $1750 should be returned, and that the balance of $35990 should be returned.”

　　徐雅静则提出如下答辩理由：其一，佟莉莉所诉本人主体不适格，佟莉莉和蒂克币交易平台构成理财合同关系，现佟莉莉主张的标的物在蒂克币交易平台，本人并未侵占，佟莉莉应当起诉要求蒂克币交易平台返还。其二，本人作为受托人已尽到相关合同义务，本人于3月10日支付佟莉莉收益7050元、于3月11日支付佟莉莉收益1万元，从未侵占佟莉莉的投资款，本人男朋友卞志海曾于6月12日联系蒂克币交易平台账户安全客服人员，要求变更绑定的手机号码，可见本人并无侵占佟莉莉投资款的主观恶意。其三，投资理财行为存在一定的风险，佟莉莉作为完全民事行为能力人应当预料到投资的风险性，风险责任应当由佟莉莉自行承担。最后，根据《关于防范比特币风险的通知》规定，蒂克币类似于比特币，属于虚拟货币，虚拟货币的交易目前不受法律保护，因虚拟货币交易产生的债务属于非法债务。综上，请求驳回佟莉莉的诉讼请求。

Xu Ying submitted the following defence arguments: first, that the Lili and Tic currency trading platforms constituted a financial contract relationship, that the subject matter that Lily now claimed had not been appropriated at the Ticco trading platform, and that Lili should sue for the return of the Tic currency trading platform. Second, that he had fulfilled his contractual obligation as trustee, that he had paid li proceeds of $7050 on 10 March, that li gains of $10,000 on 11 March, that he had never encroached on Lily’s investment funds, and that his boyfriend, Chihai, had contacted the Ticco trading platform’s security attendants on 12 June, and had asked for a change in the cell phone number that had been tied, it was clear that he did not have a subjective objection to the Ticco trading platform. Third, that there was a risk that Lili’s financial actions, as a fully civil-capable person, would have anticipated the risk of investing, that the liability would have been left to Lily’s discretion.

　　庭审中，徐雅静申请她的男友卞志海出庭作证。法庭上，卞志海表示，佟莉莉投资的钱用于在蒂克币平台上购买5台小型矿机，当时是用其本人的手机号码注册购买的，他为了操作方便，便将佟莉莉矿机生产出来的蒂克币转入其本人的矿机内操作。他在2017年3月以310元/个价格出售了佟莉莉矿机生产的110个蒂克币，其中55个蒂克币的收益款扣除手续费后的17050元已支付给了佟莉莉。由于其本人系蒂克币平台的二级代理，获得15个蒂克币的奖励，另外40个蒂克币奖励给了其上一级代理。目前由于市场行情不好，蒂克币的市场价格已跌至10元/个左右，但他与徐雅静并未侵吞佟莉莉的矿机及生产的蒂克币。

During the trial, Xu Yazhi applied for the testimony of her boyfriend Xi Zhihai. The court stated that Xi Zhihai had invested money to purchase five small mine machines on the Ticco platform, which he had registered with his own cell phone number, and that he had transferred to his own mine for ease of operation, Ticco, which he had produced. He had sold 110 tiks produced at a price of $310 per price in March 2017 at a price of $310 per price, of which $17050 had already been paid to Xiao Jian, after deducting the fee.

　　对卞志海当庭所做的证言，佟莉莉不予认可，并表示怀疑卞志海并未用其投资款在蒂克币交易平台购买5台矿机。

The testimony given by the court in Yan Chi Hae Hae was rejected by Lilly and it was suspected that Jin Chi Hae had not used his investment to purchase five mine machines at the Tic currency trading platform.

　　法院判决：非法债务不受保护

The Court ruled that illegitimate debts were not protected.

　　江宁区法院经审理后认为，非法债务不受法律保护。蒂克币是一种类似于比特币的网络虚拟货币，根据中国人民银行等部委发布的通知、公告，虚拟货币不是货币当局发行的，不具有法偿性和强制性等货币属性，并不是真正意义上的货币。从性质上看，蒂克币应当是一种特定的虚拟商品，不具有与货币等同的法律地位，不能且不应作为货币在市场上流通使用，公民投资和交易蒂克币这种不合法物的行为虽系个人自由，但不能受到法律保护。

The Jiangning District Court considered that illegal debt was not protected by law. Ticcoco is a virtual currency similar to Bitcoin, which, according to circulars and proclamations issued by ministries such as the People’s Bank of China, is not issued by monetary authorities, has legal and compulsory monetary attributes, and is not a currency in the true sense. By its nature, Ticcoco should be a specific virtual commodity, with no legal status equivalent to that of currency, cannot and should not be used as a currency in the market.

　　本案中，佟莉莉系将投资款直接交由徐雅静的男朋友卞志海用于投资购买蒂克币平台上的矿机，也系卞志海以其手机号码注册购买矿机和向佟莉莉支付蒂克币所谓收益款，佟莉莉与卞志海而非徐雅静构成委托合同关系。佟莉莉委托卞志海投资和交易蒂克币的行为在我国不受法律保护，其行为造成的后果应当由佟莉莉自行承担。故对佟莉莉要求徐雅静返还购买蒂克币资金余款的诉讼请求，本院不予支持。

In the case in question, Xi's investment money was given directly to Xi's boyfriend, Xi Chihai, for investment in the mining machine on the Tic currency platform, Xi's registration of the mine machine with its cell phone number and payment of the so-called tik's proceeds to Xi Li, who is in a contractual relationship with Xi Zhihai rather than Xu Ya's. Xi's entrustment of Xi's investment and trading in tik's money was not protected by the law in the country, and the consequences of his actions should be borne by Xi's own.

　　一审判决后，佟莉莉与徐雅静均未提出上诉，一审判决发生法律效力。

After the first instance judgement, neither Lilly nor Suh Yajing appealed, and the first instance judgement was given legal effect.

　　（文中人物均为化名）

It's all an alias.