Legal Status, Role, and Regulation of Central Bank Digital Currency in the Era of New Infrastructure

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The global financial landscape is undergoing a profound transformation driven by rapid technological innovation and shifting geopolitical dynamics. At the heart of this evolution lies central bank digital currency (CBDC)—a digital form of sovereign money issued by national monetary authorities. As a cornerstone of next-generation financial infrastructure, CBDC is poised to redefine payment systems, enhance monetary policy effectiveness, and strengthen national financial sovereignty. This article explores the legal status, strategic functions, and regulatory challenges of CBDC, particularly within the context of China’s "New Infrastructure" development strategy.


Understanding Central Bank Digital Currency (CBDC)

Central Bank Digital Currency (CBDC) refers to a digital representation of a country's fiat currency, issued and regulated by its central bank. Unlike decentralized cryptocurrencies such as Bitcoin, CBDC is backed by national sovereign credit, ensuring stability, legal tender status, and full regulatory oversight.

In China, the People’s Bank of China (PBoC) has been at the forefront of CBDC research since 2014 through its Digital Currency Research Institute. The resulting digital yuan (e-CNY) exemplifies how a state-backed digital currency can integrate with modern technologies like blockchain, 5G networks, and big data analytics to create a secure, efficient, and traceable monetary system.

👉 Discover how digital currencies are reshaping global finance today.


Legal Status of CBDC

1. Classification as Base Money (M0)

CBDC is legally categorized as part of the monetary base (M0)—the most liquid form of money supply, including physical cash and reserves held by commercial banks at the central bank. Unlike broader measures such as M1 or M2, which include deposits, CBDC issued by the PBoC remains under direct state control.

This classification ensures:

By replacing physical cash in circulation, CBDC streamlines the monetary structure while maintaining parity: 1 digital yuan = 1 paper yuan.

2. Sovereign Credit Backing

One of the defining features of CBDC is its state-guaranteed value. Unlike private cryptocurrencies that rely on algorithmic scarcity or market speculation, CBDC derives its legitimacy from national sovereignty.

This sovereign backing enables:

In contrast, decentralized digital assets like Bitcoin lack centralized issuance control, making them unsuitable as mainstream mediums of exchange or stores of value in regulated economies.

3. Advantages Over Traditional and Private Digital Currencies

FeatureCBDCPhysical CashPrivate Cryptocurrencies
Issuance AuthorityCentral BankCentral BankDecentralized Network
Legal Tender StatusYesYesNo
TraceabilityHighLowVariable (often anonymous)
Transaction CostLowMedium-HighMedium
Monetary Policy IntegrationFullLimitedNone

CBDC outperforms both physical cash and private digital currencies in efficiency, security, and macroeconomic integration. It supports real-time transaction monitoring, reduces counterfeiting risks, and enhances financial inclusion.


Strategic Role in New Infrastructure Development

"New Infrastructure" refers to next-generation technological frameworks—including 5G, AI, IoT, and blockchain—that support long-term economic growth. Within this ecosystem, CBDC serves as a critical enabling channel for financial modernization.

1. Enhancing Monetary Policy Precision

With CBDC, central banks gain unprecedented visibility into economic activity. Every transaction leaves a digital footprint, enabling:

For example, during economic downturns, the PBoC could use conditional triggering mechanisms—smart contracts that release funds only when specific criteria are met (e.g., small business payroll expenses). This prevents misallocation of relief funds and improves policy efficacy.

👉 Explore how programmable money is revolutionizing fiscal policy.

2. Ensuring Long-Term Currency Stability

Global reliance on dominant reserve currencies like the US dollar has exposed systemic vulnerabilities. Dollar-centric systems enable extraterritorial sanctions and financial exclusion through platforms like SWIFT and CHIPS.

CBDC offers an alternative:

By anchoring digital yuan transactions in sovereign trust rather than speculative demand, China aims to build a more resilient and equitable global monetary architecture.

3. Strengthening Financial System Security

Physical cash incurs high production and logistics costs. In contrast, CBDC:

Moreover, because each unit of CBDC is digitally identifiable, illicit activities such as money laundering or terrorist financing become significantly harder to conceal.

4. Modernizing Financial Governance

CBDC facilitates transformative applications across sectors:

A. Smart Credit Systems

Leveraging blockchain and big data, banks can automate loan approvals based on real-time income verification and spending behavior—reducing default risks and improving credit accessibility.

B. Automated Insurance Claims

Smart contracts can trigger instant payouts when predefined conditions occur (e.g., flight delays or auto accidents), cutting administrative costs and enhancing customer experience.

C. Dynamic Price Monitoring

Real-time transaction data allows authorities to detect price distortions early, supporting timely interventions in supply chains or essential goods markets.


Risks and Challenges of CBDC Implementation

Despite its benefits, CBDC introduces new complexities requiring careful management.

1. Increased Central Bank Risk Exposure

As CBDC adoption grows, commercial banks may see deposit outflows as individuals shift holdings directly to central bank accounts. This "disintermediation" effect could:

To mitigate this, a two-tier distribution model—where the PBoC issues CBDC to commercial banks, which then distribute it to the public—is being adopted to preserve existing financial structures.

2. Ambiguity in Rights and Obligations

A fully traceable digital currency raises critical questions about:

Without clear legal frameworks, there’s a risk of overreach—turning citizens into permanently monitored economic actors.

3. Lagging Legal Adaptation to Technological Change

Current laws struggle to address emerging issues like:

There is an urgent need for legal engineering—the deliberate design of laws compatible with digital infrastructure—to ensure accountability and fairness in automated systems.


Regulatory Frameworks for Sustainable CBDC Development

To harness CBDC’s potential while minimizing risks, a comprehensive regulatory strategy is essential.

1. Establishing Unified Technical Standards

China should prioritize:

Standardization ensures seamless integration across financial services and prevents vendor lock-in.

2. Building a Multi-Layered Supervision System

A robust regulatory framework must include:

These layers enable agile responses to evolving threats without stifling innovation.

3. Strengthening Oversight of Non-CBDC Cryptocurrencies

While CBDC promotes stability, unregulated private cryptocurrencies pose significant risks:

Regulators must:

Japan’s Fund Settlement Act provides a model for legally recognizing virtual assets while imposing clear compliance obligations.

4. Integrating Law and Engineering

The future of finance lies at the intersection of code and law. To bridge this gap:

Only through interdisciplinary collaboration can we build systems that are both technically sound and ethically accountable.


Frequently Asked Questions (FAQ)

Q: Is CBDC the same as cryptocurrency like Bitcoin?
A: No. While both are digital, CBDC is issued by a central bank and backed by national credit, whereas Bitcoin is decentralized, unregulated, and highly volatile.

Q: Can the government track all my transactions with CBDC?
A: Yes, transaction data is recorded for regulatory purposes. However, privacy safeguards should limit access to authorized entities only under defined legal conditions.

Q: Will CBDC replace cash completely?
A: Not immediately. Physical cash will coexist with digital currency during transition periods to ensure inclusivity for those without digital access.

Q: How does CBDC support economic stimulus?
A: Through programmable features, governments can target subsidies precisely—such as time-limited vouchers for specific goods—reducing waste and increasing impact.

Q: Can CBDC help fight inflation?
A: Indirectly. By improving monetary transmission speed and accuracy, CBDC allows faster policy adjustments to inflationary trends.

Q: Does CBDC threaten commercial banks?
A: Potentially, if deposits migrate en masse to central bank accounts. A two-tier distribution model helps protect bank liquidity and lending functions.

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Conclusion

Central Bank Digital Currency represents more than just a digitized version of paper money—it is a foundational element of future-ready financial infrastructure. By combining sovereign credibility, technological innovation, and strategic foresight, CBDC enhances monetary policy precision, strengthens national financial security, and advances RMB internationalization.

However, its success depends not only on technical excellence but also on sound legal governance, balanced regulation, and public trust. As China continues to develop its digital yuan within the New Infrastructure framework, it sets a precedent for how nations can reclaim control over their monetary destinies in an increasingly digital world.

The journey toward a fully functional CBDC ecosystem requires continuous refinement—of technology, law, and institutional coordination. But with proper safeguards and inclusive design, CBDC can become a powerful tool for economic resilience, equitable growth, and global financial reform.


Core Keywords:
Central Bank Digital Currency (CBDC), New Infrastructure, Financial Security, Monetary Policy, Blockchain Technology, Legal Engineering, Digital Sovereignty