加密资产,终于可以继承了

深潮Published on 2025-07-02Last updated on 2025-07-02

本文结合了币安新规定,分析了紧急联系人与加密资产继承之间的联系。

撰文:刘正要

最近有加密圈 KOL 在自媒体平台发文,币安在更新的 APP 版本中增加了「紧急联系人」及「遗产继承人」功能。同时,该博主介绍,全世界每年因意外去世的人中,共计会持有价值超过 10 亿美元的加密资产。如果没有在离世前及时转移给亲友,最终都会被交易所继承(加密资产存放在交易所,如果是存放在冷钱包里,最终就会永远停留在钱包地址中)。

而币安这项新的功能,确实可以解决 web3 从业者的加密资产继承问题,属于功德无量了。

在对加密资产继承的法律问题正式开始分析前,刘律师必须要重申一下我们这篇文章仅仅是作为科普分析使用,不对任何的虚拟货币或虚拟货币交易所进行推荐或背书。

一、加密资产继承的实务做法

根据币安的官网介绍,用户可以在 APP 里设置紧急联系人,在用户的账户长时间(默认为 12 个月,也可以自行设置为 2 年或 3 年等)休眠的情况下,币安将会联系用户指定的紧急联系人。该紧急联系人有可能获得用户的账户资产继承权或所有权。

用户也可以随时删除或修改紧急联系人。

二、中国法律支持加密资产继承吗?

上述做法从实务中解决了去中心化的交易所中休眠账户的加密资产继承问题,作为 web3 法律从业者,刘律师不禁要考虑这种做法在法律上是否会遇到障碍呢?

(一)虚拟货币是否属于财产

在刘律师昨天的文章中(《虚拟货币司法处置,人民法院报发表文章:可以委托第三方机构进行》),里面提到了深圳中院向人民法院报的供稿中是认可虚拟货币在民事法律和刑事法律上的财产属性的,具体理由为:

第一,在民事裁判中虚拟货币被认定为具有排他性、可控性、流通性等特点,与虚拟货币商品类似,应当承认虚拟货币具有财产属性。

第二,我国《民法典》第一百二十七条中明确规定:「法律对数据、网络虚拟货币财产的保护有规定的,依照其规定」,证明我国民法典支持对虚拟财产的保护态度。

第三,在《全国法院金融审判工作会议纪要》(征求意见稿)第 83 条中也规定了「虚拟货币具备网络虚拟财产的部分属性」。

第四,在刑事审判领域,最高院的案例库的案例也已经明确虚拟货币属于刑法意义上的财物,具有刑法意义上的财产属性。

此外,根据刘律师对我国虚拟货币监管政策的了解,2013 年 12 月的《关于防范比特币风险的通知》中,我国将比特币定性为「一种特定的虚拟商品」;在 2021 年 5 月的《关于防范虚拟货币交易炒作风险的公告》中,将虚拟货币定性为「一种特定的虚拟商品」(详见:《中国内地 web3.0 行业监管文件汇总》)。「虚拟商品」的范围从单一的比特币「升级」为全品类的虚拟货币。

综上,虚拟货币属于财产。

(二)有关继承的法律规定

我国《民法典》继承编中,明确遗产的范围是自然人死亡时遗留的个人合法财产。

既然虚拟货币属于我国法律上的财产,当公民个人合法持有时,当然可以通过遗嘱安排继承。

《民法典》常见的遗嘱形式有:自书遗嘱、代书遗嘱、打印遗嘱、录音录像遗嘱、口头遗嘱、公证遗嘱等。同时,遗嘱可以随时进行撤回或变更。

在 APP 软件中通过设定紧急联系人并赋予他具有继承遗产的权利,这种设定并不违反我国民法强调公民「意思自治」的原则,所以在中国法律上也是有效的。

三、加密遗产执行时的困境

但是,这里需要有一个转折。

仍然是 2021 年 9 月 15 日十部委发布的「9.24 通知」的规定,里面是明确禁止境外的虚拟货币交易所通过互联网向内地居民提供服务的。这里的十部委是包含最高人民法院的。

如果张三在某一个虚拟货币交易所 APP 里设定了自己的好友李四作为自己的紧急联系人,并且可以继承自己价值一个亿的加密资产。最终,张三在过世后,李四确实也继承到了这一个亿的资产;当张三的儿子张小三(这名字好像不太好)知道后,向法院起诉要求李四返还继承所得资产给张小三。主要理由就是虚拟货币交易所是不能在内地展业的,所以自己父亲张三在交易所软件上的操作是因为违反中国内地的强制性规定而无效(也就是遗嘱继承无效),张三的遗产应当进行法定继承,由张小三来进行继承。

所以,这个局该怎么破?作为刑事律师,刘律师就不再卖弄自己浅薄的民法知识了,感兴趣的读者朋友我们可以私下讨论。

四、结语

以比特币为代表的虚拟货币虽然自 2008 年就诞生,但是在法律的尺度上看,虚拟货币仍然是一种新兴事物或技术(不光中国,各国的法律上都是这样)。刘律师相信未来有关虚拟货币的刑事、民事争议、纠纷还是持续出现,但是我们相信一些 web3 创业者也会持续进行正向建设,无论是主动或被动,法律也会不断适应新的技术以及它给这个世界带来的变革。

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Welcome to the HTX Community. Here, you can stay informed about the latest platform developments and gain access to professional market insights. Users' opinions on the price of BNB (BNB) are presented below.

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