论文部分内容阅读
法律意义上的货币,必然是法偿货币。法偿货币必须是法定货币;法偿货币不但具有广泛流通效力,而且还具有绝对债务偿付效力。由于电子货币不是法定货币,不具有广泛流通效力,也不具有必须强制接受的绝对债务偿付效力。所以,电子货币并非法律意义上的货币。各国调整法偿货币的货币金融法,并不适合用于调整电子货币法律关系。对于电子货币的法律规制,国家应制订具有针对性的专门立法予以规范和调整。
The legal sense of the currency, must be legal currency. The lawful currency must be the legal currency. The lawful currency not only has the effect of extensive circulation, but also has the effect of absolute debt repayment. Since electronic money is not a legal tender, it does not have widespread liquidity and does not have the effect of absolute debt repayment that must be forcibly accepted. Therefore, electronic money is not a legal currency. The monetary and financial laws in every country that adjust the legal currency for compensation are not suitable for adjusting the legal relationship of electronic money. For the legal regulation of electronic money, the state should formulate specific and specific legislation to regulate and adjust.