The Protection Of The Virtual Property In Criminal Law

With the development of the Internet technology and the enhance of the information, both of the users of the Internet and the kind of the network industries increase very rapidly. The network virtual property appears as a fresh form come into being. The network virtual property violation brings a new challenge to the traditional crimes. But there is no regulation about the protection of the network virtual property in our criminal law, for example the legal status, the penalty and the jurisdiction. It makes the judicial difficult. With the purpose of clarifying the nature of network virtual property and perfect the regulation about the violations virtual property, the author started writing this thesis.The author collected the data and information through the key words like "network virtual property", "network crimes", "violations of network virtual property", got more than ten thesis as the references, besides, there are also some professional boos about the network virtual property. This article includes five parts:the introduction, the body, and the conclusion.Chapter one:summarize the conception, scope and the character of the network virtual property. There are some disputes about the scope. But the author support that the network virtual property should include the VIP email, the QQ number which with special meaning or with short numbers, the forum ID or anything valuable in the network games. Meanwhile, only when there is an actual connection with the real society the virtual property can be protected by the criminal law.Chapter 2:Introduce the normal types of the violations of the network virtual property. The crimes of the network virtual property usually by means of theft, robbery, fraud, etc. This kind of crimes is different from the traditional one only because this crime occurs in the network environment. That makes this kind of crimes more intelligent, subtle and have a high dependence of the network technology.Chapter 3:Introduce the legislation about the network virtual property crime in the related areas of China and some countries in the world. Hong Kong, Taiwan, and South Korea, the United States and other countries.Although the definition of the virtual property in these countries are different, but their attitude toward the protection of the network virtual property is worth our reference and learning.Chapter 4:Describes our current legislation of network virtual property crime and judicial practice situation. In general, this type of crime in our criminal law is still in the absence of the legislation, without the legislative guidance make the judicial practice embarrassed. The author consider that violations of virtual property crimes although has its unique features, but its still constitute of the type of property crime, that should be convicted as theft, robbery, fraud, etc.Chapter 5:Make some suggestion of how to protect the network virtual property in our criminal law. The judicial interpretation is somehow a good choice, but not the best and the last. The specialized legislation is necessary. What's more, the author tried to tackle with some problem for example the jurisdiction and the evaluation of the virtual property.