Research Intondefine The Crime Of The Virtual Property Theft

Currently, the network game industry has already become an important part of the internet's economy , and has played an important role in economy growth. And the transactions of virtual property have a large scale, many countries in the world have already made confirmation in legislation. The transaction of virtual property has also been brought into the range of revenue target, too. According to the investigatory data, it shows that the market value of the net game of our country has already been up to the scale of ten thousand millions, at the same time the cases that the virtual property of users of net game was thefted frequently affected people's normal life seriously. Although the harmfulness of behavior for stealing virtual property has achieved or even exceeded the social harmfulness of the traditional offense of theft, and the characteristics of virtual property was fully consistent with the characteristics of crime target in crime theft, which our country's criminal law has made provisions, and the right of virtual property which the victims have can also be against by theft. However, due to the defection of our legislation, which is lack of virtual property protection on virtual property, and stealing the virtual property could not been stipulated as a crime, thus , our criminal law can't punish this kind of criminal offence. But from the character of its behavior , this criminal behavior is consistent with the character of stealing, which can be punished by our criminal law. Although it has many debates on the appliance of virtual property theft in law among the field of the theory and the practice, the writer holds that it could be directly restricted by the crime theft. Therefore, this article analyze the proper relations between the virtual property theft and the traditional offense of theft , as well as refers to foreign criminal legislation and judicial practice case, and tries to probe into the origins of the virtual property theft research, the confusion and the disputes in the appliance of law, as well as the difficulties in specific cognizance.In addition to conclusion, this text is totally divided into 5 chapters, the basic structure is as follows:Chapter 1 carries on a study towards stealing origin, theories, meaning and method of the virtual property . Firstly, the fact that network game industry had already become an important constitual part in our country's economy is enumerated; Secondly, it carries on a review of the academic history of stealing and stealing virtual property; Finally, the writer supposes that stealing virtual property can get law the basis in the jurisprudence, which is helpful for the practical protection citizen of the virtual property.Chapter 2 analyses the confusion of existing suitable laws in the application of stealing virtual property currently in our country, and puts forward some standpoints. Firstly, it involves the opinion that the harm which stealing virtual property takes to the society has been or even more serious than the traditional theft; Secondly, it puts forward the idea that stealing virtual property crime has its own particularity and the virtual of crime space causes the concealment of criminal offence; lastly, it lists concretely many problems, such as the suitable laws for stealing virtual property, the nature and the characteristics of virtual property, behavior characteristic of stealing a virtual property, which leads to recheck afterwards.Chapter 3 gives comparative research and analysis towards the disputes of legal appliance of virtual property theft in and outside the country. Firstly, it does comparative research and analysis of three basic controversies over suitable laws for virtual property and puts forward theory that it should be brought into the existing system of current criminal law; secondly, it puts forward that it could draw lessons from crime lawmaking and body and objective aspect concrete situation of the corpus, subjective aspect, guest applied to judicatory abroad.Chapter 4 gives comparative research and analysis towards the joint between the stealing virtual property behavior and the theft. Firstly, it evaluates the disputes towards the existing concept of virtual property theft in the field of theory. Secondly, puting forwards that the characteristic of virtual property and the thieves and burglars criminal offense object is actually one-to-one relation. At last, the paper enumerates the correspond relation between object of crime, objective aspect, subject, subject aspect in virtual property behavior and thieves and burglars offense.Chapter 5 puts forward the concrete conceives of virtual property theft in the affirmation of the difficult problems of crime. Firstly, it argues the concrete judgment for the virtual property theft from the angle of "secret", "steal", "amount'; Secondly, concrete judgment for the virtual property theft from the angle of completed shape is demonstrated; lastly,it argues concrete determined boundary between the virtual property theft and other crimes.