On The Criminal Law Protection Of Virtual Property In On-line Games

The development of the network games is not only the economic progress and development, and but also is playing a positive role in enriching people's cultural life in our spare time. For the network virtual property, we should get a clear understanding of the essence of its meaning, that is, virtual property is just the procedure and data on the computer and data. Only by understanding the meaning and features of the virtual property can we better solve the virtual property infringement problems brought about by the legal issues. The author tends to recognize the legitimate status of virtual property, and in accordance with the specific situations, we apply the law, and only in this way can we create a more healthy environment online games, which is also the purpose of this essay.In addition to this introduction, the text is divided into four chapters, about two million words.The first chapter is divided into two sections. Section 1 introduces the definition of the virtual property and the basic characteristics. The author distincts the virtual property in the general and specific aspects. The virtual property in general refers to a particular network all existing in the virtual space with the attributes of the virtual, including ID, QQ numbers, E-mail, virtual currency, game equipment, etc; virtual property in specific refers to the network game account and network access to the game of "money" and "equipment" and "pet" and other property. Under normal circumstances, virtual property refers only narrowly virtual property in online games namely, the virtual property. This paper also only narrowly adresses the virtual property. On the characteristics of virtual property, the author introduces five areas, namely, the value; the duration; the restrictive technology, the essence of virtual; the transactions. Through the understanding of virtual property, the paper introduces the necessity and possibility of intervention of the Criminal Law, which is the prerequisite of adjusting the application of the Penal Code.The second chapter is mainly on the economic value of the virtual property, that is, property is obtained by a network of virtual players who spend a lot of time, energy and money and is the crystallization of the wisdom and labor of the players, and the value articles obtained through labor certainly belong to property, and besides, some virtual property is bought with money directly, so we can see that the virtual property of the Internet players is got from the actual labor and the real property, embodying the practical interest of players. This is fully consistent with the Marxist theory of value, which must be reflected through the exchange of value. The so-called virtual property value is to reflect its value through the network transactions between the players and even players' money transactions. While affirming the value of it, the author points out the judging standard of the value of the virtua property. For those four standards existing in our country, I believe that they should be combined together, and by absorbing their respective advantages, we propose a more scientific evaluation criteria.The third chapter is mainly on the legislative experience of foreign countries and some areas and the benefits from the experience to our country. The author believes that because of the borderless Internet, which may become the best tool for transnational crime, and the use of the Internet transnational network virtual property infringement cases will inevitably arise. Therefore, no matter whether it is to better our network virtual property market or to deal effectively with transnational criminal networks, the legislative experience of the foreign countries is of great reference value to us. For this reason, the authors put forward the proposals in the following three respects. First of all, the virtual computer data and programs legislative protection measures should be added. Secondly, strengthen the regulatory efforts of game operators and establish the safety responsibility system of game operators. Finally, standardize market transactions in order to create a safe and healthy trading platform.In the fourth chapter, the author discusses the way to commit the crime on the virtual property in China. This chapter focuses on the current two more controversial aspects. First, the Penal Code should be used on what kind of violations issues. Second, it is on the problem whether the virtual property theft and fraud can become a target of the crime. For the violation, in the author's opinion, it is a danger to society and the serious dangers and consequences of the violations completely violate the objective reality facts, and it is the focus of the social law, which thus constitute criminal acts in the Penal Code. In other countries and regions they have already incorporated such acts in the scope of the Criminal Code came, as is mentioned in Chapter III of the other countries and regions laws. For the virtual property violations, they can not be just identified whether they are against the law or whether they are in line with the criminal crimes. However, they should be based on specific, concrete analysis. We can not blindly believe that violations of virtual property conduct do not constitute a crime or constitute a crime. In addition, on the subject of crime, the charges should be consistent with the requirements of a specific condition, and we can not blindly believe that virtual property is the criminal target of the theft and fraud crime. The author focuses on whether the virtual property can pose a crime target to the theft crime and propose the establishment of the targets for theft crimes. First, the value of the virtual property; a commodity should contain several aspects of the property, including the value of goods and the exchange value which are its core; virtual property as a new property, we have seen the reality and it can be linked to currency trading, which has demonstrated its exchange value. The value of virtual property should be as follows: The players pay a corresponding labor needed for it, and the value of the commodity is decided by the time needed. Second, the virtual players can freely dispose the property which shows in the network the players take actual possession of the goods, but others illegally possess the goods. Third, the virtual property is stolen and possessed by others; Finally, the virtual property, though there is no clear legal definition, according to the expansion of the Penal Code, as citizens lawfully acquired property (China's Criminal Law stipulates that citizens legitimate property should be protected by law) should be protected by law. Therefore, China's criminal law does not clearly require that the subject of protection can't be intangible property, and then according to the interpretation of China's criminal law, virtual property, which itself also has some value, should be targeted as a crime of theft. Through the above-mentioned four areas described, the authors have the reason to believe that virtual property can become targets of theft crime.In short, with the continuous development of the Internet at present, the emergence of a large number of networks games on the one hand enriches the people's cultural life in their spare time, but on the other hand we are also faced with a series of crimes with it. We should arouse sufficient attention on crime problems of the network virtual property, particularly the frequent Internet fraud and theft cases. The author believes that we should establish an effective system of legal protection for the virtual property, which is not only the legal protection for all the virtual property rights and interests, but also is an important step for the criminal legislation with the progress of the times.