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Volume 56 Issue 5
June 2024
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Citation: FANG Huiying. Definition and Justification of Digital Asset Attribute[J]. Academic Monthly, 2024, 56(5): 113-122. shu

Definition and Justification of Digital Asset Attribute

  • The definition and legal interpretation of the attributes of digital assets need to be considered as a whole from the perspective of the unity of legal order and on the basis of overall coordination of multi-sectoral laws.The definition of the property attribute of digital assets has the obvious characteristics of the legalization of national strategic objectives at the macro level,which is consistent with the value orientation of national policies; at the meso level,it can be mutually confirmed and supported by civil law norms and criminal law norms,and is consistent with the governance rules within the legal system.At the micro level,it reflects the necessity,possibility and effectiveness of the protection of digital assets,which is consistent with the value attributes,management attributes and exchange attributes of digital assets,thus realizing the positive justification of the property attributes of digital assets.By breaking the path dependence of technicalism,we can solve the problem of determining the amount of property crimes related to digital assets,and by using the unity of property concepts and the competitiveness of rules,we can respond to the doubts about the replicability of the underlying data codes on which digital assets rely.By using conceptual judgment rather than actual eternity,we can answer the question of natural time limit theory about the instability of digital assets,thus realizing the reverse justification of the property attributes of digital assets.
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        Definition and Justification of Digital Asset Attribute

        Abstract: The definition and legal interpretation of the attributes of digital assets need to be considered as a whole from the perspective of the unity of legal order and on the basis of overall coordination of multi-sectoral laws.The definition of the property attribute of digital assets has the obvious characteristics of the legalization of national strategic objectives at the macro level,which is consistent with the value orientation of national policies; at the meso level,it can be mutually confirmed and supported by civil law norms and criminal law norms,and is consistent with the governance rules within the legal system.At the micro level,it reflects the necessity,possibility and effectiveness of the protection of digital assets,which is consistent with the value attributes,management attributes and exchange attributes of digital assets,thus realizing the positive justification of the property attributes of digital assets.By breaking the path dependence of technicalism,we can solve the problem of determining the amount of property crimes related to digital assets,and by using the unity of property concepts and the competitiveness of rules,we can respond to the doubts about the replicability of the underlying data codes on which digital assets rely.By using conceptual judgment rather than actual eternity,we can answer the question of natural time limit theory about the instability of digital assets,thus realizing the reverse justification of the property attributes of digital assets.

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