摘要:
									随着区块链技术的兴起与数字经济的不断发展,加密货币的法律定性与价值认定成为困扰民事司法实践的难题,影响实践中加密货币民事纠纷的处理。深入剖析加密货币的法律属性,从法律规定、社会认同、安全风险三个维度观察,否定加密货币的货币地位;但是,加密货币具有价值性、可占有性、可转让性,应认定其虚拟财产属性。加密货币财产价值的认定,应以利益平衡、融贯一致、意思自治、实用主义为原则,结合当事人约定、客观行情、专家评估等多个维度加以考量,搭建梯度化的价值认定规则。在具体的涉加密货币民事纠纷中,应当以保护国家金融安全为原则,在不违反禁止性规定与公序良俗的情况下有限制地认可加密货币交易的合同效力。在合同无效的情形中,应当根据加密货币的返还可能性依法处理合同的清算,并通过损失的科学分担,精准实现政策规制目的。
								
								 
							
								
										Abstract:
										With the rise of blockchain technology and the continuous development of the digital economy, the legal categorization and value assessment of cryptocurrencies have become a challenging issue in civil judicial practice, which not only pose difficulties in civil judicial proceedings but also significantly influence the resolution of civil disputes related to cryptocurrencies. By conducting an in-depth exploration of the legal attributes of cryptocurrencies show that when examined from three dimensions-legal regulations, social acceptance, and security risks, the status of cryptocurrency as currency should be refuted. Nevertheless, cryptocurrencies exhibit characteristics such as value, appropriability, and transferability, which justify their classification as virtual property. The determination of the property value of cryptocurrencies should be based on the principles including interest equilibrium, coherence, party autonomy, and pragmatism. By integrating multi-dimensional considerations such as the agreements between parties, objective market trends, and expert appraisals, a hierarchical set of value determination rules can be established. In specific civil disputes involving cryptocurrencies, safeguarding national financial security should be the overarching principle. When not in violation of prohibitive laws or public order and good customs, the validity of contracts for cryptocurrency transactions should be recognized with certain limitations. In cases of contractual invalidity, the liquidation of the contract should be handled in accordance with the law based on the possibility of returning the cryptocurrency, and the policy regulatory objectives should be precisely achieved through the scientific allocation of losses.