Criminal Regulation On Virtual Property

The 21st century is an information era at the core of network which faces the digital,network and information.More and more popular games in the network brought the business opportunities and profits for the enterprises,at the same time,it also caused a large of disputes and crimes involved with virtual property.The cases derived from robbing,stealing and deceiving "props","treasures","pets" in the network games emerge in endlessly.As one new kind of property,the virtual property has challenged our society and legislations.Although there are not clear stipulations on violating the virtual property in the Criminal Law,all sectors of the community cry to protect the legal rights of the virtual property with the Criminal Law,and judicial practice is more and more,all of them promote the legislation on virtual property.however,the Criminal Law is facing some difficult problems on protecting virtual property and punishing those illegalities,such as the virtual property's legal character,the cognizance of its value, the ownership and the acquirement and examination of the evidence,so this paper studies such questions and makes some suggestions.This paper is divided into five parts except for the foreword and conclusion.The first part introduces the first case involving the virtual property in China and its judgment,on this basis,it puts forward the hotspot question caused by this case.Then it briefly introduces the concept of virtual property and its character of virtuality,intangibility and limitedness.The second part analyzes the damages violating the virtual property from the subject and object at the angel of basic theory of the Criminal Law,then explores the necessity and adequacy of punishing those violating virtual property in the Criminal Law.The third part introduces and evaluates the existing laws and practice that our country' judicial department how to deal with.It points out the shortages between the theory and legislation and starves for protection on the legislation in the Criminal Law.The forth part compares the theory,laws and judicial practice about virtual property in the network games among the Taiwan,Hong Kong of our country and other countries and districts in the world and evaluates them.Using them for reference,this paper brings forward that we should take advantage of relevant stipulations about computer crime and promotes legislation and legal explanations,furthermore add a new crime to crack down on those illegality violating virtual property. The fifth analyzes some difficult problems on protecting virtual property and punishing those illegalities,such as the virtual property's legal character,the cognizance of its value,the ownership and the acquirement and examination of the evidence.This paper makes some suggestions to those problems with a by the analysis of the specific problems in a specific way.