China’s Cryptocurrency Decision: Legal Property Or Trouble Ahead?


Cryptocurrency has long been a contentious subject in China, with the government imposing strict regulations and outright bans on various aspects of the industry. However, a recent report from China’s People’s Court challenges this historical stance, offering newfound recognition to virtual assets as legal property.

In a significant departure from conventional policy, the report titled “Identification of the Property Attributes of Virtual Currency and Disposal of Property Involved in the Case” asserts that virtual assets possess economic attributes that categorize them as property. 

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This revelation cited in a report from a local publication is a remarkable departure from China’s blanket ban on foreign digital assets, asserting that individual-held virtual assets should enjoy legal protection under current policy frameworks.

China's People's Court. Source: China Daily

This isn’t the first instance of a Chinese court contesting government crypto policies. In 2018, a Hangzhou case marked a pivotal moment when a Chinese court recognized Bitcoin as “virtual property.”

Despite the illegality of trading and mining Bitcoin at the time, the court justified its decision based on Bitcoin’s intrinsic attributes of value, scarcity, and responsibility. It remains uncertain whether this precedent influenced the recent court ruling.

China’s Complex Relationship With Cryptocurrency

China’s historical stance on cryptocurrencies has been characterized by a series of stringent measures. The government prohibited banks from engaging in Bitcoin transactions in 2013, followed by the crackdown on initial coin offerings (ICOs) in 2017. 

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Subsequently, authorities targeted Bitcoin mining operations in 2019, culminating in a comprehensive ban on cryptocurrency trading and mining in 2021. These actions underscored the Chinese Communist Party’s unwavering efforts to control and restrict crypto adoption within the nation.

This recent legal shift raises intriguing questions about China’s evolving perspective on cryptocurrencies. While the court’s report may not directly challenge the existing ban on crypto trading and mining, it recognizes virtual assets as legitimate property, potentially paving the way for more nuanced regulatory discussions in the future.

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The Path Forward For Cryptocurrencies In China

The acknowledgment of virtual assets as legal property by a Chinese court signifies a significant milestone in the cryptocurrency landscape. It offers a glimmer of hope for individuals holding virtual assets, even amid strict government regulations.

However, caution is essential, as this recognition might not lead to an immediate shift in government policy. China’s crypto industry continues to face challenges, but this court ruling signals an increasing awareness of the economic significance of virtual assets.

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As China grapples with the global evolution of digital currencies, the cryptocurrency community will closely observe how this legal recognition shapes the future regulatory environment.

While it remains uncertain whether this ruling will lead to broader cryptocurrency acceptance, it undeniably marks a noteworthy development in the ongoing debate over the legality and potential of digital assets in China.

Featured image from Finance Magnates

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Author: Christian Encila

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