The Criminal Law Regulating Of The Net Virtual Property Crime

The emergence of the new concept "net virtual property", among other new issues brought by the development of network to the academic society, directly affects out traditional definition of"property". Though the arguments about what net virtual property should be define and where this concept should be placed in the whole legal system have not yet come to conclusions, new types of crimes involving net virtual property have already emerged. This paper discusses, by trying to analyze the differences of the characteristics of the net virtual property from these of the traditional sorts of property, the possibility of putting such new types of crimes under the regulation of existing criminal law, and came up with some opinions on the problems which may arise out of the application of the law as well as some possible ways to solve those problems. The author hopes that this paper will be of some help to the judicial practices in respect of the net virtual property.The preface discusses the importance of net virtual property to the network industries and its current situations, and simultaneously demonstrates the necessity of its enjoying the protection from the criminal law.The first section is a general introduction of net virtual property. This section includes briefs about concept, scope and features of"net virtual property"and emphatically examines the issues whether"net virtual property"shall include internet accounts and internet money.The second section discusses the legal attributes of"net virtual property". this section discusses, combining an overall look into the features of net virtual property, how net virtual property should be defined in various legal contexts and in the meantime determines the scope of the criminal legal protection for net virtual property.The third section discusses the net virtual property crimes and analyze the application of the specific charges in respect of computer crimes, infringement upon copyright and crimes of property violation in the existing criminal law to the net virtual property crimes. Furthermore, this section conducted a study on specific approaches of determining the crime amount of the net virtual property crimes.The fourth section extends a general and, however , concise comment on the legislation and brought forward some ways to solve currently existing problems.