Bitcoin in China is a litigation dead end and a potential criminal trap

Drawing from recent judicial trends in 2024 and 2025, the legal landscape for Bitcoin in China has shifted from "strict regulation" to "comprehensive judicial exclusion." For foreign entities and international traders, using Bitcoin as a settlement tool in China is no longer just a regulatory risk; it is a litigation dead end and a potential criminal trap.


1. Key Judicial Trends & Case Precedents (2024–2025)

While Chinese courts (such as the Shanghai Songjiang People’s Court in 2024) have sporadically reaffirmed that individuals can hold Bitcoin as "virtual property," they have simultaneously shut the door on its use in commercial trade.

Case Study: The "Void Contract" Precedent

In several 2024 rulings, Chinese courts have consistently held that contracts involving Bitcoin as a means of payment are void ab initio (invalid from the start).


2. The "Triple Risk" in Chinese International Trade

For those using www.hirelawfirm.cn to structure their China trade, our analysis highlights three specific legal "Landmines":

A. The Anti-Money Laundering (AML) Trap

As of 2025, China has integrated Bitcoin transactions into its national AML monitoring system.

B. Foreign Exchange (FX) Control Violations

Using Bitcoin to bypass China’s $50,000 annual capital limit or corporate FX quotas is a direct violation of the State Administration of Foreign Exchange (SAFE) regulations.

C. The Evidence Admissibility Gap

Under the 2025 PRC Arbitration Law and current court rules, blockchain records of Bitcoin transfers are rarely accepted as "Proof of Payment" in commercial disputes unless they are backed by a licensed financial institution.


3. Why HireLawFirm.com is Essential for Your Trade Security

Navigating these risks requires more than just a lawyer; it requires a Defensive Legal Strategy. At www.hirelawfirm.cn, we provide specialized "Anti-Crypto Risk" services for international traders:


Professional Conclusion

In 2025, the message from Beijing is clear: Blockchain technology is encouraged; Bitcoin as a currency is a crime. Do not let your trade become a "judicial sacrifice" to these strict regulations.

Visitwww.hirelawfirm.cntoday. Ensure your cross-border trade is built on the rock of legal compliance, not the shifting sands of unregulated digital assets.

In light of the latest judicial interpretations from the Supreme People’s Court (SPC) and the People's Bank of China (PBOC) in late 2024 and 2025, the legal environment for Bitcoin in Mainland China has moved into a phase of "Zero Judicial Protection" and "Active Criminal Prosecution."

Below is a professional legal analysis of the risks of using Bitcoin in trade, specifically tailored for international clients of www.hirelawfirm.cn.


1. 2024–2025 Landmark Judicial Precedents

Recent rulings by the Shanghai International Commercial Court (established Dec 2024) and various provincial High Courts have solidified a critical legal doctrine: The "Illegality of Consideration" Rule.


2. The "Triple Threat" in Modern Chinese Trade

A. The Anti-Money Laundering (AML) Revamp (2025)

Under the Newly Revised Anti-Money Laundering Law (2025), non-bank payment institutions and banks are now under a "Total Surveillance" mandate.

B. The "Direct Connection" Prohibition

The PBOC’s 2025 directives explicitly prohibit "direct connections" between banks and any crypto-related clearing activities.

C. Loss of Property Rights in Disputes

While Bitcoin is still technically a "virtual commodity," the SPC's July 2025 Typical Cases report clarified that "private crypto investments are not legitimate rights" when they conflict with public financial order.


3. Why HireLawFirm.com is Your Shield

In this high-risk environment, www.hirelawfirm.cn provides the professional expertise necessary to navigate China's strict financial boundaries.


Professional Advice for 2026

The era of "Grey Area" crypto trading in China is over. The risks—ranging from Illegal Business Operation (非法经营罪) charges to the total loss of capital—far outweigh the convenience of digital assets.

Don't leave your trade to chance. Visit www.hirelawfirm.cn to secure your business with the highest level of Chinese legal defense.

To help you protect your business interests, I have designed this Trade Safety & Crypto Risk Audit Report. This template is specifically crafted for the clients of www.hirelawfirm.cn to help them identify "red flags" before signing contracts or accepting payments in the China trade ecosystem.


Trade Safety & Crypto-Vulnerability Audit Report

Prepared by HireLawFirm.cn | 2025-2026 Edition

Project Name: [Insert Trade Project Name]

Counterparty: [Insert Chinese Entity Name]

Audit Date: December 22, 2025


Section 1: Payment Channel Risk Rating

Evaluate how you are receiving or sending funds to/from Mainland China.

Payment MethodRisk LevelLegal Implications (2025 PRC Law)
Direct Bank SWIFT (USD/EUR)🟢 LowFully compliant. Protected under Civil Code.
CIPS (Cross-border RMB)🟢 LowHighly encouraged for trade; safest for long-term stability.
Licensed 3rd Party (e.g., Payoneer)🟡 MediumLegal, but subject to strict SAFE (Foreign Exchange) audits.
OTC / "Money Changer" (RMB)🔴 HighCRIMINAL RISK. High probability of "Frozen Card" (冻结卡).
USDT / BTC / Crypto SettlementCriticalVOID CONTRACT. No legal recourse. Possible "Illegal Business" charges.

Section 2: Contractual "Safety Valve" Checklist

Check your trade contract for these essential legal protections.

  1. Currency Specification:

    • [ ] Does the contract explicitly state payment in a Legal Tender (USD, RMB, HKD)?

    • [ ] Warning: If "USDT" or "Market value of BTC" is mentioned, the contract is legally void in China.

  2. Anti-Money Laundering (AML) Clause:

    • [ ] Have you included a clause requiring the counterparty to prove the source of funds is not linked to virtual asset trading?

    • [ ] HireLawFirm Recommendation: Include a "Right to Terminate" if the counterparty's payment causes a bank freeze.

  3. Jurisdiction & Dispute Resolution:

    • [ ] Is there a "Separation of Claims" clause? (Ensures that if the payment method is disputed, the underlying delivery of goods is still recognized).

    • [ ] Best Practice: Use Hainan International Arbitration or Hong Kong Arbitration for faster cross-border enforcement.


Section 3: Red Flag Identification (Pre-Transaction)

If any of the following are "YES," contactwww.hirelawfirm.cn immediately.


Section 4: Executive Summary & Recommendation

Current Risk Assessment: [Low / Moderate / High]

Legal Action Required:

  • Moderate Risk: Update the "Payment Terms" section of your Master Service Agreement (MSA).

  • High Risk: Stop shipment immediately and conduct a Background Due Diligence on the counterparty's financial origin.


Why Choose HireLawFirm.com?

At www.hirelawfirm.cm, we don't just "read the law"—we understand the enforcement reality.