#数字资产法案 1. International Legislative Trends and Typical Bills
1. United Kingdom: Establishing the Legal Status of Digital Assets
In 2024, the UK "Digital Assets (Personal Property etc.) Bill" will explicitly define cryptocurrencies, NFTs, and tokenized assets as personal property, granting them legal protection. This bill addresses ownership disputes of digital assets in scenarios such as fraud and inheritance, providing a legislative model for global asset digitization.
2. European Union: MiCA Bill Constructs a Comprehensive Regulatory Framework
The "Markets in Crypto-Assets Regulation" (MiCA) covers the entire field of token issuance, stablecoins, and crypto services, requiring exchanges to report transactions of EU customers and introducing four major token classification standards (utility, security, payment, and others). Its core objective is to combat tax fraud while promoting compliant innovation.
3. Hong Kong: Licensing System and Anti-Money Laundering Framework
The Hong Kong Monetary Authority requires all cryptocurrency trading platforms to apply for licenses and strictly enforce anti-money laundering (AML) and counter-terrorism financing (CFT) regulations. This system balances market openness and risk control through tiered regulation (e.g., classifying stablecoins into value-based and non-value-based).
4. South Korea: Basic Laws and Business Compliance
South Korea plans to legislate to define cryptocurrencies as "digital assets," mandating exchanges to register with financial intelligence agencies and establish transaction monitoring systems. The bill particularly emphasizes preventing money laundering and requires platforms to report large transactions in real-time.
2. Current Status and Challenges of Digital Asset Legislation in China
1. Legal Positioning Disputes
China's "Civil Code" includes network virtual property within the scope of protection but does not clarify the legal attributes of digital assets. In judicial practice, courts have differing opinions on the property rights of cryptocurrencies, with some cases denying their protected status.
2. Legislative Recommendations
◦ Expanding the Interpretation of the Civil Code: Clarifying the legal status of network virtual property as objects of property rights.
◦ Formulating a "Digital Asset Protection Law": Distinguishing traditional virtual property from digital assets, categorizing and regulating rights confirmation, trading, inheritance, etc., to address legal gaps in bankruptcy liquidation and investment financing scenarios.
3. Technical Support and Regulatory Framework
It is necessary to establish supporting systems for digital asset registration, custody, taxation, etc., while strengthening cross-border flow supervision. Research suggests using blockchain technology to achieve on-chain tax settlement and exploring central bank digital currencies.