| 摘要: | 虛擬通貨於2012年歐洲央行的定義為：「一種無法律來約束，由開發者所發行和控管；在特定的虛擬社群成員中被接受，並使用的數位代幣」。即虛擬通貨在特定的網路社群內的使用、為可以價購商品與服務的代幣。性質上它往具有交易媒介、以及記賬單位等功能上發展、致和現行貨幣性質有重叠之趨勢，而產生一些法規範的問題。故而本文論述將虛擬通貨的區塊鏈機制整合智能合約、及央行數位貨幣發展等之法規範進行系列探討，亦探討首次代幣發行（ICO）之運作和虛擬通貨之延伸性關係；再而參酌各國的法規範做為研析輔助。並闡述虛擬通貨常為不法犯罪活動提供洗錢、或資恐等事件,而產生一連串法規範適從的問題。
而虛擬通貨架構内之交易協議即謂智能合約，當合約條件雙方合意時、就自動履行其契約運作。智能合約法規範的不足、亦能造成智能合約法定性浮動等之問題。故探討智能合約的法規範是否依民法契約、或智慧財產權法、或是另立特別法等法律條款來判定其法規範及法確信等問題。再而各國央行數位貨幣的發展其法規範制定的適用性是否合宜。本文將大陸及歐美虛擬通貨法規範作為參照，以為分析未來我國央行數位發行管理法規範之芻議。至盼未來能建立有效及可控性的法規範，而達到央行數位貨幣與實體貨幣作最合宜之搭配運行。
In 2012, the European Central Bank (ECB) defined virtual currency as "a type of unregulated, digital money, which is issued and usually controlled by its developers, and used and accepted among the members of a specific virtual community". That is, the operation of virtual currency in a specific online community as a token that can purchase goods and services at some prices. Essentially, it tends to develop functions such as medium of exchange and unit of account, then there is a tendency to overlap with the characteristics of the currency, but with some legal problems. Therefore, this paper discusses the series of laws and regulations that integrate the virtual currency mechanism into Smart Contracts and Central Bank Digital Currency (CBDC) development, etc.; and refers to the laws and regulations of lots of countries as research assistance. We also discusses the extended relationship between the operation of the Initial Coin Offering (ICO) and virtual currency. Moreover, we discusses the fact that virtual currency often supports money laundering, terrorist financing for illegal criminal activities, resulting in a series of legal compliance issues.
The transaction agreement in the virtual currency framework as is called a Smart Contract. When the contract conditions are agreed by both parties, the contract operation is automatically performed. The inadequacy of the smart contract can also cause some problems such as the legal instability, or law adaptability issues. Therefore, it is discussed whether the legal norms of smart contracts are based on civil law contracts, intellectual property rights laws, or other special laws to determine their legal norms and certainty. Furthermore, whether the applicability of the CBDC development and its legal regulations is appropriate. This paper takes the Mainland, European, Japan and American virtual currency laws and regulations as a reference, then discusses and analyzes the future of the CBDC issuance management laws and regulations. It is hoped that in the near future, effective and controllable laws and regulations can be established, so that the CBDC and physical currency which both can be operated on the best appropriate way. |
