Since the central bank interviewed the major banks and financial payment institutions some time ago, produced a large number of virtual currency transactions, resulting in the suspension of the use of bank accounts or frozen, which have doubts about the small black powder, you can go to the major coin circle community posting their own rummage through the incompetence of the netizens' fury. Today, Guo lawyer to analyze the virtual currency trading, the reason why the bank card is frozen and unfreezing way. First, the reason why the bank card is frozen In fact, in our daily understanding of the "freeze" a **** divided into two categories of situations: one is the judicial or law enforcement caused by the freeze, a class of violation of banking regulations caused by the freeze. Judicial or law enforcement freezing, mainly due to suspected criminal offenses, involving administrative coercion or civil litigation for three reasons. First, the Procuratorate and public security organs for suspects suspected of criminal offenses based on the Criminal Procedure Law can be frozen; second, the public security organs, tax authorities and other administrative organs to implement the freeze is based on the Administrative Compulsory Law. Finally, civil litigation is based on the "Civil Procedure Law", in the prosecution before, during the litigation or into the implementation stage, the court ex officio or the application of the parties can be related to property litigation preservation and implementation of freezing. Freezing due to violation of banking regulations. The main basis is the agreement between the bank and the customer and the relevant laws and regulations. First of all, we need to understand is the relationship between the bank and the customer, belongs to the contractual relationship between equal civil subjects. Therefore, the bank has the right to refuse to provide customers with deposits, transfers and other services. And usually, when we open a bank account, we sign the "do not need to see the series" inside, there are often "customers carry out illegal behavior bank can suspend the provision of services or cancel the account" and other similar expressions between the bank and the customer. Then according to the "Notice on Preventing the Risks of Bitcoin" and "Announcement on Preventing the Risks of Token Issuance and Financing", "financial institutions and non-bank payment institutions shall not directly or indirectly provide account opening, registration, trading, clearing, settlement and other products or services for token issuance and financing and 'virtual currencies'". products or services." So, when a customer engages in virtual currency trading, the bank does have the right to freeze the customer's account. Second, how to unfreeze a frozen bank account or WeChat or Alipay account? After we analyzed the reasons why the account was frozen, we actually came up with a natural way to unfreeze it. 1. If the freeze is caused by the violation of bank regulations. I'm sorry to tell you that you can only unfreeze your account by declaring it with the bank, and the specific way of declaring it varies from bank to bank, and it's possible that you won't be able to return it to normal use after declaring it. But at least one thing can be confirmed is that the deposit in the bank can still be withdrawn. If the bank does not allow you to withdraw the money, you can sue the bank to claim it. This is because there is not only a service relationship between the bank and the customer, but also a debt relationship. The fact that the bank does not provide services does not mean that it can eliminate the debt to you. 2. If it is due to administrative violations of the administrative coercive measures taken by the frozen, as long as the proof of the non-existence of administrative violations, or with the administrative organs to complete the punishment, naturally, you can unfreeze the account. 3. If the account is frozen due to civil lawsuit, it can be unfrozen as long as you provide a guarantee or wait for the end of the civil lawsuit or fulfillment of civil obligations. Of course, if the court judgment that we have no responsibility, you can also claim certain damages to the other party. 4. If it is suspected of being frozen for a criminal offense, it is more troublesome. In criminal cases, due to the urgency of time, in order to protect the safety of the victim's property. The public security organs are difficult to distinguish from a series of transactions in the flow of the transaction is a legitimate transaction, which is the suspect transferred the stolen money. Therefore, the first time the public security organs often want to first freeze all the accounts in the chain of funds transfer. The easiest and most effective way to freeze suspected criminal offenses is to provide proof of legitimate transactions to the case management unit, such as providing evidence of contracts, invoices, shipments, or vouchers for services rendered. In short, it is to try to make the material complete, enough to prove the legitimacy of the transaction. But for a large part of the people, either simply do not have these vouchers to prove the existence of legitimate transactions, such as buyers and sellers without a contract, no invoice, or the buyer is the door to pick up the goods, the money and goods; either, due to the collection of money behind the transaction behavior is not supported by the state: for example, money laundering, private exchange of foreign currencies, online gambling withdrawals and so on. For these countries do not support the transaction behavior is very difficult to maintain rights.
And for the virtual currency transactions that lead to the freezing of the purchase and sale transactions will not have a contract and invoices, at most, there is a record of the transfer of coins, however, these records are only a string of figures, the public security organs where to see and understand? Even if the transaction volume is large, it will be considered that there is money laundering and other illegal behavior. Therefore, if the transaction of virtual currency is frozen, not only do you need to provide as much evidence as possible to the public security organs, but you also need to let the public security organs understand the legal attributes of the virtual currency transaction in the legal point of view. For the legal attributes of virtual currency transactions, that is, why virtual currency transactions are legal, if you are interested, Guo will analyze the content in the future.