The Study On The Issues Of Theft Of Virtual Property In The Internet

With the emergence and development of online games, the disputes of online games frequently arise, especially theft of virtual property in online games to become the focus of disputes, but our current law does not address acts of theft of virtual property to clear law. The author in this paper tries to analyze a specific case of virtual property theft, discussing the property attribute of virtual property, the determination the nature of theft behavior, the value determination of the property and the legal status of electronic documents, and make recommendations to protect virtual property finally. The first part of this paper describes the case and makes the focus of the case that there is controversy. The second part discusses the controversial points of the case. Firstly, by describing the negation, affirmation and discrimination of virtual property, the author thinks that virtual property the electromagnetic data record is the objective existence of material and it can meet the players'spiritual needs through the game and be used by registered accounts to achieve control of virtual property in possession, so it should be under the legal sense of property. Secondly, discussing the access to the virtual property, players'degree of attention and the existing case law, it analyzes that in the virtual online game property may become the object of a theft, and theft of online game virtual property should be investigated for theft perpetrator of criminal responsibility. Thirdly, through a detailed analysis of the pros and cons of existing three types of value determination of the online games virtual property, it analyzes that assessment of the value of virtual property should be based on market share amount and degree of opening, according to the level of the virtual property, the market demand and supply conditions and the kind of virtual goods transactions off the market price, also referring to the players'time and cost that pay for Internet. Finally, according to the relevance of e-documents, authenticity, access channels, it proves whether electronic documents can be used as proof of legal evidence. The third part of this article based on the above analysis, describes the concept, characteristics and kinds of virtual property and clearly points out the value of the assessment criteria. Also, it discusses on whether the electronic document as evidence is documentary evidence, physical evidence, trial listening material or independent evidence and that the electronic file of evidence in the law of should be used as an independent evidence in the law. The last part mentions several proposals to protect virtual property from the perspective of criminal law. First, suggest the Criminal Law Amendment and judicial interpretation to solve the current problems. Second, perfect virtual property legislation and enact single criminal law. Third, learn from advanced legislative and judicial practice to improve the relevant legal system. Fourth, establish a reasonable measure of the mechanism of virtual property values, thereby providing valuable references to improving legislation.