On The Protection Of The Proprietary In Cyberspace: In The Perspective Of Criminal Law

The virtuality of the cyberspace has challenged to the traditional rules and the theory of the criminal law . As a kind of old and sacred right, Its form and concrete content have changed a lot facing the complicated network environment, a great deal of new-type property rights appeared constantly with the development of network , the attribution and protection institution of these rights need the deep research and confirm of criminal law academia.This paper mainly discusses the changes and development of proprietary in the present cyberspace , studies the unique meaning of the proprietary in the range of criminal law , and mentions the meaning and countermeasure of the proprietary's protections in the cyberspace in the perspective of criminal law , with considering the concrete expressions and characteristics of the infringing property-type crime in the cyberspace .The full paper is divided into five parts as follows :Part I : The introduction , explains the purpose and meaning of this paper . The development of the network has promoted the changes and innovations of the form and concrete content of the proprietary , It has important and realistic meaning on understanding and analyzing the proprietary in the cyberspace properly, and to protect it by criminal law effectively .Part II : Chapter one , Chapter two , mainly describe the characteristics and changes of the proprietary in the cyberspace. The network has changed the existing form of the traditional proprietary , and hasten the birth of the new-type proprietary . How to understand proprietary in the meaning of criminal law is the prerequisite of effective protection of proprietary in the network .Part III: Chapter three , Chapter four , mainly discuss the concept and form of the infringing property-type network crime . The essential characteristic of the infringing property-type network crime is characteristic utilization of network . Itcan be divided into the pure infringing property-type network crime and the impure infringing property-type network crime according to the uniqueness and unsubstitutability of the network utilization . The common forms of infringing property-type network crime are network fraud and network theft, and its forms is still changing.Part four : Chapter five , mainly discuss the certainty of the criminal legal protection of the network virtual property , and put forward the suggestion of protecting the network virtual property through the criminal law.Part five : Chapter six , Chapter seven , mainly discuss the legislative countermeasure and the technological countermeasure of the criminal law protection to the proprietary in cyberspace. To protect the Proprietary in cyberspace, We must strengthen the technological legislation and the special legislation of network criminal law , and provide strong support and assurance for the security of the network system.