Protection Of Virtual Properties By The Criminal Law

As the pioneer of the digital era, the online gaming industry has experienced a particularly fast development. Along with this trend, the crime of infringement upon virtual property began to emerge, more and more legal cases relevant to online virtual properties come onto the stage. On the basis of the principle of"a legally prescribed punishment for a specified crime", it is necessary to make negative evaluation and punishment on behaviors of infringement upon virtual properties in online world which also endanger the real-life social relations, by traditional criminal theory and criminal legislation. This is not only a requirement to prevent the effect of blind following of crimes, but also an urgent demand for feasible adjustment of the standard of criminal law and the development of the theory of criminal law.With reference to the existing achievements of theoretical research in domestic academia, this thesis follows up with the most up-to-date trend of the global academic research on virtual properties of online games, introduces the theoretical research as well as legislative and judicial practices out of China in terms of issues related to the theft of virtual properties. By integrating the characteristics of China, this thesis has a deep-going analysis and elaboration on several important issues including behavioral characters of theft of virtual properties, its differentiation with behaviors in traditional theft, determination of value of virtual properties, and the determination of attempt or accomplishment of behaviors of theft of virtual properties, etc.. Based on all the above investigations, this thesis provides useful reference for relevant legislation and judicial practices in China and puts forward some feasible solutions and scenarios for practical operation.The main context of this thesis is comprised of four chapters. The first chapter starts with the definition of attributes of virtual properties, has an analysis on their concept and characters, discusses the differences between virtual properties and other relevant properties, and defines the connotation and extension of virtual properties. The second chapter conducts a research within the category of larceny on relevant issues regarding virtual properties as objects of crimes of theft, and explores the feasibility of criminal regulation upon the theft of virtual properties. With the basis of an introduction on relevant theories regarding the objective aspect of traditional crimeof theft, the third chapter deals with the manners of behavior of theft, determination of amount in crimes of theft, determination of attempt or accomplishment of behaviors of theft, etc.. It also gives an analysis on the interlinking and differentiation between behaviors in theft of virtual properties and those in traditional thefts, and explores the appropriateness of including behaviors of theft of virtual properties into the regulation of crime of theft. The fourth chapter analyses the current situation of protection on virtual properties with crime of theft in China, verifies the infeasibility of regulation upon behaviors in theft of virtual properties by the existing laws and provisions, points out the obstacles of protection on virtual properties with crime of theft, and concludes by an effort to put forward relevant suggestions on legislations regarding the determination of guilty of behaviors in theft of virtual properties, as well as on the handling of relevant judicial practices.