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On The Criminal Law Protection Of Virtual Property In Network Game

Posted on:2008-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2166360215951896Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The fast-developing internet has brought about great challenges for the traditional law system,"virtue property"as a new word has caught the attention of the ordinary people as well as the law circle. The virtue property in networking game is the product of the fast-developing networking game industry. Its existence must append in some cyberspace. In essence, the virtue property in networking game is a series of data in the server. Therefore, it has unique characteristics that are different from the traditional property, viz. it is virtue, appending and perishable.However, due to the vague specification in law, the virtue property in real world is far from orderly protected. Thus the disputes concerning the virtue property has been emerging. The blank in the law in this aspect leaves the players'right unprotected and a multitude of crimes regarding the virtue property has frequently emerged in recent years.There is no agreement on whether the virtue property should be protected in the academic circle. In addition, the ownership of virtue property, the right and obligation relationship between the cyber game suppliers and the players has also caused disputes in the academic circle. Nevertheless, the eruption of the cyber game industry makes people feel it is more and more necessary to support and protect the virtue property with legislation.The paper is markedly divided into preface body and conclusion. The thesis takes crime of network game virtue property as the object, explores the applicability of criminal law into network game virtue property. It begins with the origin and development of network game virtue property, and discusses the necessity of protecting network game virtue property with criminal law. It goes on with the analysis of the current protection of network game virtue property with criminal law and the possible crimes violating network game virtue property. Then it introduces protection of network game virtue property with criminal law in other areas and foresees the prospect of protection of network game virtue property with criminal law in China.In the first part, the origin of the property, online games, and the legal definition, First, the emergence and development of online games, online games now and then on the basic types, However before the game from the three aspects of the network attributes of the virtual pr Therefore, I believe that as network virtual property right protection is more appropriate. operty is property, real property and should be treated similarly the author expounds the protection of the fictitious property of internet in criminal law. The author introduces the related domestic and abroad theory about the interest of property crime and sphere of property crime in criminal law. The author also introduces the present views and policies to the fictitious property of internet and expounds the necessity and urgency to protect the development of internet games in our nation.In the second part, the author describes several criminal forms about property crime in internet games. It offers a standard to deal with the other internet crime about fictitious matters. The several criminal forms include the fictitious property crime in internet games of robbery, larceny, defraud and laundering. In the third part, the author introduces the present conditions of fictitious property in internet games from the aspect of legislation in Korea, Taiwan and Hong Kong; the author has a brief analysis. Comparing with the nations and areas of highly developed internet games, the legal protection of fictitious property of internet in our country needs the improvement to develop internet games industry and provide legal remedy to the players whose interest has been offended. The author advises to protect the legal interest of the owner's fictitious property of internet with judicial interpretation and legislation to solve the problem effectively in theory and judicial practice.The closing part of this thesis summarizes the main part of the boby ,also points out the possible limitations.
Keywords/Search Tags:Protection
PDF Full Text Request
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