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Talk About The Nature-determined Settlement To The Stealing Virtual Network Property Behavior

Posted on:2007-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166360218462335Subject:Law
Abstract/Summary:PDF Full Text Request
With the Internet universality rate become more and more high in China, the act of stealing virtual network property is increasingly rampant, but because of the lack of the criminal law theories , the judicial ideal and appropriate laws , the victims can not get valid legal relief in time . There stands different ideas about how to determine the nature of this behavior in judicial actual field . The existed stealing virtual network property cases have been made different crime punishment, it is obviously harmful to our country's penalty unity . Our country's criminal judicature should further relieve the conflicts between the certainty and flexibility of the criminal law by basing on complying with legally prescribed punishment for a specified crime . This paper discusses the issue in more foreign and mainland China as well as other parts of the legislation aimed at stealing virtual property status, elaborates the concept , characteristics and the legal character of network virtual property , demonstrates whether network virtual property have true value or not, clarify that it is a type of existed new property and can not be neglected in-the current realistic society . Virtual net property has actual economic value and the feature of disposable movable property, which could be the target of stealing. Although the stealing action of the virtual property has the characters of intelligence and virtue, it is same to the stealing action in reality. Through thorough analysis to the crime formation of the act of stealing virtual network property , we can affirm that this behavior is crime of theft .The maintenance of the accomplished offense form of stealing virtual network property behavior applies to the control theory in general ,Stealing virtual network property mainly has three behavior stages, the means of crime and the purpose behavior violated different criminal charges respectively, it can be implicated offender . When the stealing virtual network property behavior take place, the behavior acquired considerable profits, but the victim bear the actual economic loss and sufferings of the spirit, and result in the social bane to a certain extent, this kind of stealing behavior can not be regulated and ruled by social morals, and should be punished according to criminal penalty. Because the actors of stealing virtual network property have lower and lower ages , the one with slight situation should be punished lightly , and the agreement items between parties can be increased through perfect laws . The person with special identity who is engaged in stealing virtual network property can be declared qualification punishment .The act of stealing virtual network property should get the negativity evaluation of the penal code in time.
Keywords/Search Tags:virtual network property, net game, crime of theft
PDF Full Text Request
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