Is personal mining illegal in 2022

Personal mining is not allowed in 2022, but if you just mine it is not illegal, but the state does not advocate it, and it is not protected by law.

Issued to continue to rectify the mining industry, from a strict definition, individual mining is not illegal, but it is a violation, illegal generally refers to the violation of the provisions of the national constitution and laws, so theoretically speaking, individuals are free to mine, but the state considers that mining is harmful to the environment (electricity, not environmentally friendly), and mining is easy to breed fraud pyramid schemes and other gangs, and it is not protected by the state, and the risk is also large, so try not to mine.

Of course, the state does not advocate it. What is illegal is the problem of electricity theft and illegal construction related to mining. It is best to check with the relevant local authorities for first-hand authoritative information.

Bitcoin is a type of virtual currency that can be mined. The so-called mining is to go through specific and complex calculations, and finally get bitcoins as a reward. Virtual currency mining has very high requirements for the configuration of the computer, the equipment investment is relatively large, and the computer also needs to run 24 hours a day.

Let's talk about the method of virtual currency mining.

1. Sign up for a digital wallet. First of all, you need to register a digital wallet of your own, and the digital wallet can put the obtained virtual currency into it. At present, there are many registered digital wallets on the network, and users must choose the regular ones to avoid falling into the trap of the network.

After the digital wallet registration is completed, the digital wallet address will be obtained, which is unique.

2. Find the mining pool. There are many mining pools for virtual currency, and similarly, for investors, they must find regular mining pools, there are many mining pools on the virtual network, and there may be some informal mining pools, so you must screen them yourself.

3. Mining software. Virtual digital currency has not been legally protected in China, but it can be used for some overseas platform mining software, professional mining software, you need to use a mobile phone number to complete the registration, and then bind personal identity information to the mining software.

4. Start mining. In the mining software, add the found mining pool, then add the registered digital wallet address to the software, and start mining.

5. After clicking mining, the computer will run at high speed, usually 24 hours a day. The higher the configuration, the faster the computer will be able to calculate and therefore the better the chance of receiving virtual currency rewards. After receiving the virtual currency reward, it will be directly distributed to the registered digital currency wallet, and the digital currency in the wallet can be bought and sold.

The above is about virtual currency mining, virtual digital currencies led by Bitcoin can be traded in the digital currency market, and can also be obtained through mining. Virtual currency mining requires a computer with a high configuration, to register a digital wallet, ** mining software, find a mining pool, and finally to mine.

[Legal Analysis].: Bitcoin and its production tools, mining machines, are not prohibited by law, and can be done without prohibition, so Bitcoin mining is a legal industry. Although it is not illegal, it is not recognized in China, and virtual currency transactions have been banned in China, and if the operation of virtual currency may be suspected of illegal operation, a large amount of power resources are consumed but do not bring actual benefits to the society, and many places have been stopped.

[Legal basis].Article 225 of the Criminal Law of the People's Republic of China: Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

3. The illegal nature of "mining" activities.

Virtual currency "mining" activities have been included in the elimination category of the "Industrial Structure Adjustment Guidance Catalogue" (2019 version), which belongs to the category of "backward production process equipment". Virtual currency "mining" activities violate laws and regulations such as the Civil Code of the People's Republic of China, the Law of the People's Republic of China on the Promotion of Circular Economy (2018 Amendment), and the Energy Conservation Law of the People's Republic of China.

1) Article 9 of the Civil Code of the People's Republic of China: Civil entities engaging in civil activities shall be conducive to the conservation of resources and the protection of the ecological environment.

2) Article 50 of the Law of the People's Republic of China on the Promotion of Circular Economy (2018 Amendment): The production and sale of products and equipment included in the elimination list shall be punished in accordance with the provisions of the Product Quality Law of the People's Republic of China. The use of technology, technology, equipment and materials included in the elimination list shall be ordered to stop using by the comprehensive management department of the local people's circular economy development at or above the county level, confiscate the equipment and materials used illegally, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the comprehensive management department of the people's circular economy development at or above the county level shall put forward opinions and report to the people at the same level in accordance with the authority specified in the regulations to order the suspension or closure of business.

3) Article 71 of the Energy Conservation Law of the People's Republic of China: If the energy-using equipment or production process eliminated by the state is used, the department in charge of energy conservation shall order it to stop using it and confiscate the energy-using equipment eliminated by the state; If the circumstances are serious, the department in charge of energy conservation work can put forward opinions and report to the people at the same level in accordance with the authority specified in the regulations to order the suspension of business for rectification or closure.

Violate the law. The law stipulates that mineral resources belong to the state, and it is forbidden for any organization or individual to use any means to occupy or destroy mineral resources. If you want to mine it.

It is necessary to obtain a legal qualification and to apply for a mining license in accordance with the procedure, and to obtain the right to mine before it can be mined. If you mine without permission, you will be punished accordingly.

[Legal Analysis].

In accordance with the relevant laws and regulations, in violation of the provisions of the Mineral Resources Law, mining without obtaining a mining license or entering a mining area planned by the state, unauthorized mining of mining areas of great value to the national economy and other people's mining areas, or unauthorized mining of specific minerals for protective mining as stipulated by the state, ordered to stop mining, refusal to stop mining, resulting in the loss of mineral resources of more than 50,000 yuan but not more than 100,000 yuan, criminal responsibility shall be investigated in accordance with law. 1. Mining mineral resources without obtaining a mining license. 2. Continuing to exploit mineral resources after the mining license has been revoked or revoked.

3. Mining of mineral resources outside the mining area specified in the mining license. 4. Mining of mineral resources not in accordance with the provisions of the mining license. 5. Other circumstances of mining mineral resources without obtaining a mining license.

During the period of suspension of the mining license in accordance with the law, unauthorized mining shall be regarded as "mining without obtaining a mining license" as stipulated in this article. The amount of damage caused to mineral resources shall be determined by the assessment conclusion issued by the competent department of geology and mineral resources at or above the provincial level.

[Legal basis].

Article 39 of the Mineral Resources Law of the People's Republic of China Whoever, in violation of the provisions of this Law, mines without obtaining a mining license, enters a mining area planned by the State without authorization, mines within the scope of a mining area of great value to the national economy, or exploits a specific mineral species that the State stipulates for protective mining without authorization, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal gains, and may also be fined; Refusal to stop mining, causing damage to mineral resources, in accordance with the relevant provisions of the Criminal Law, the person directly responsible shall be investigated for criminal responsibility. Units and individuals who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others in accordance with the law shall be punished in accordance with the provisions of the preceding paragraph.

Article 45 The administrative penalties provided for in Articles 39, 40 and 42 of this Law shall be decided by the departments responsible for the management of geology and mineral resources of the people's governments at or above the county level in accordance with the authority prescribed by the competent departments of geology and mineral resources.

Article 43 The administrative punishment provided for in Article 43 shall be decided by the people's ** administrative department for industry and commerce at or above the county level.

The administrative penalties provided for in Article 44 shall be decided by the competent departments of geology and mineral resources of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The penalty of revocation of exploration permit or mining license shall be decided by the original licensing authority. In accordance with the provisions of Article 39, Article 40, Article 42 and Article 44, if an administrative penalty is not given, the competent department of geology and mineral resources of the people's department at a higher level has the right to order corrections or directly give administrative punishment.

The mineral country has laws and regulations that protect it and prohibits indiscriminate mining, so without the approval of the national mineral authority, it is not allowed to mine indiscriminately to obtain a mining certificate, so it is illegal to mine at will. Please comply.

Hello, it's a pleasure to answer for you.

It is illegal and cannot participate in mining.

The Notice clarifies that virtual currency does not have the same legal status as legal tender, and virtual currency-related business activities are illegal financial activities.

In September this year, the People's Bank of China and other ten departments issued the "Notice on Further Preventing and Handling the Risk of Speculation in Virtual Currency Transactions". It is clearly pointed out that virtual currency-related businesses such as virtual currency exchange, buying and selling virtual currency as a counterparty, providing matching services for virtual currency transactions, token issuance and financing, and virtual currency derivatives trading are all illegal financial activities and are strictly prohibited and resolutely banned in accordance with the law; Overseas virtual currency exchanges providing services to residents in China through the Internet are also illegal financial activities.

There are legal risks associated with participating in virtual currency investment trading activities. If any legal person, unincorporated organization or natural person invests in virtual currency and related derivatives in violation of public order and good customs, the relevant civil legal acts shall be invalid, and the losses arising therefrom shall be borne by them; Where it is suspected of undermining financial order or endangering financial security, the relevant departments shall investigate and deal with it in accordance with law.

At present, the use and trading of counterfeit currencies are being cracked down on at the national level, and this kind of mining behavior is very risky.

Questions. What if in China home mining is the sentence?

There is no clear punishment yet, and it is mainly discouraged at present. Following the illegal characterization of virtual currency transactions, the purge of Chinese regulators is still escalating and improving judicial guidance documents. The public procuratorate and law enforcement organs are conducting research on virtual currency exchanges and "mining" and other related situations, exploring specific paths for conviction and sentencing, and it is expected that relevant judicial interpretations will be issued in due course.

It is a violation of laws and disciplines, because some small mining companies also have laws and regulations to strictly prohibit it, not to mention that you are private mining, and it is conceivable that you break the law. Please refer to it!

Mining is not illegal, you don't pay electricity bills are illegal, buy mining machines without paying taxes are illegal, and then come to the production and operation process of mining to see if it is illegal, such as your mine's fire prevention, fire protection, equipment quality certification, safety and environmental protection system, whether there is a violation of safety norms and environmental protection A series of production regulations, if all the procedures in the mine are complete, even if you require relocation, you need to give relocation compensation, everyone understands, pedantic people don't need more than words, one more word is nonsense.

If you get the permission of the relevant state departments, you will not break the law, but if you do not, you will be breaking the law.

A mining license is required to carry out mining. If the resources are mined without permission, it is illegal and is suspected of constituting the crime of illegal mining.

Illegal mining, i.e., mining without a license, refers to mining without obtaining a mining license, entering the mining area planned by the state, mining areas of great value to the national economy and mining areas of others;

Unauthorized exploitation of specific minerals for protective mining as stipulated by the state, or failure to comply with the requirements of the mining scope on the mining license even though there is a mining license, resulting in the destruction of mineral resources.

In addition, where this crime is constituted in accordance with the provisions of the Criminal Law, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal basis] Article 343 of the Criminal Law, violating the provisions of the Mineral Resources Law, mining without obtaining a mining license, entering the national planning mining area, mining areas of great value to the national economy and mining areas of others without authorization;

or exploiting specific minerals for which the state provides for protective mining without authorization, and the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.