In a recent turn of events, the Shanghai Second Intermediate People’s Court has provided insights into the legal attributes of Bitcoin, offering a different perspective on China’s restrictive stance towards cryptocurrencies. Despite the ban on cryptocurrencies, the court’s article seems to legitimize Bitcoin and acknowledges its value and unique nature.
What The Chinese Court Has To Say:
Tron’s founder, Justin Sun, highlighted a significant article by the Shanghai court that explores the legal status of Bitcoin. The article labels Bitcoin as “unique and non-replicable” and delves into how judicial decisions should be made regarding crimes involving digital currencies.
The article acknowledges that while cryptocurrencies are often associated with illicit financial activities, this indirectly recognizes their financial nature. Though the regulator’s stance on digital currencies hinders their legal clarification, courts have struggled in dismissing the monetary and property attributes of cryptocurrencies, especially Bitcoin.
The Property Attribute Conundrum:
The article delves into the property attribute of Bitcoins, describing them as “unique and non-replicable.” The court clarifies the difference between virtual currencies like “Q coins” and Bitcoin, emphasizing Bitcoin’s relative scarcity and its recognized financial status worldwide.
While the court acknowledges that Bitcoin’s decentralized characteristics preclude it from functioning as a traditional currency, it recognizes that Bitcoin possesses major currency functions, such as means of storage, payment, and circulation. The court’s stance acknowledges the significant role Bitcoin plays in the global financial landscape.
What This Means Going Forward:
The legal opinion expressed by the Shanghai court holds substantial implications for the legitimacy of Bitcoin and digital currencies. By asserting that these tokens undoubtedly possess value, despite the People’s Bank of China’s lack of acknowledgment, the court advocates for a more inclusive view towards cryptocurrencies.
Furthermore, the court’s emphasis on the property attributes of Bitcoin opens doors for it to be classified as personal property. Drawing parallels to a Singaporean case, where a judge declared crypto as personal property, the Shanghai court seems to echo the sentiment that cryptocurrencies should be recognized on par with traditional fiat currency.
The court’s recognition that value is determined by the collective judgment of human minds aligns with the reality that many Chinese citizens still utilize digital currencies as a medium of exchange, demonstrating the enduring market demand and utility of cryptocurrencies.
Disclaimer: The information provided in this research report is for informational purposes only and should not be interpreted as financial or investment advice. The NFT and cryptocurrency market is highly volatile, and readers should conduct thorough research before making any investment decisions.

