On The Criminal Law Protection Of Virtual Property

Virtual property comes to prosper as a result of the quick development of the worldwide web. However, the protection of this rising property is in a status of disorder due to the ambiguity of the definition of pertinent laws. This essay, taking the crime of encroachment on property in the virtual space as its research subject, probes the legal attributes of virtual property, and makes a tentative study of juristic theories and the legal system concerning the criminal law protection of the property in China. Firstly, a typical prejudication concerning a crime of encroaching on virtual property in China is cited, and hence the author's reflections on the legal protection of the property. Based on these scientific reflections, the author then makes a comparative analysis of the legal meaning and value of both virtual property and substantial property, in order to demonstrate that the former, as a new form of property, should be considered personal property and be protected by the criminal law. Afterwards, the author summarizes systematically the common practices of legal protection of virtual property in Taiwan, Hong Kong and Korea, and accordingly put forward some tentative plans for establishing a legal system in China to protect the property.The essay consists of an introduction, a preface, Chapter I, II, III, and a conclusion.In the preface, the author lists his reflections on the criminal law protection of virtual property by citing and analyzing a typical prejudication concerning an offence of encroaching on virtual property in China.In Chapter I, the author makes a comparative analysis between virtual property and substantial property, and thus he draws the conclusion that the former, which is congruous with the natural attribute of substantial property, is a new form of personal property and should be protected by the criminal law.In Chapter II, common practices of the criminal law protection of virtual property in Taiwan, Hong Kong and Korea are respectively introduced. Currently, it is a tendency to acknowledge virtual property both in legislation and in judicature. Taiwan, Hong Kong and Korea all legally acknowledge the value of virtual property and put it under the protection of their criminal laws. Besides, there have already been many prejudications concerning the encroachment of virtual property, and a number of accusations have also been added into legislation in those regions and countries. Those prejudications and accusations can be used as good reference for the legislation and judicial practice in China.In Chapter III, a theoretical study is conducted as to how to establish China's penal system for protecting virtual property. Firstly, the author expounds the necessity for the criminal law protection of virtual property. Secondly, he probes into not only the feasibility of establishing China's criminal law system for protecting virtual property, but also the predictable difficulties and corresponding countermeasures when doing so. In the end, the author makes a systematic summary of the structural features of the crime of encroachment of virtual property.