Research Of Network Hypothesized Property Crime

As science and technology development and the progress of the times, the computer in our lives get more and more to the application, with the popularization of computer knowledge and progress of the network computer networks have been widely used in all areas of society and become indispensable in modern social life, an important component. With the acceleration of global information, the Internet's widespread popularity and use of networks in modern societies play an increasingly important role. China was admitted in May 1994 formally joined the Internet, according to China Internet Network Information Center statistics, as of now the total number of Internet users in China more than 200 million people, the network's large-scale use has not only revolutionized the way we approach the traditional exchange of information , but also with an unprecedented impact in changing the way we study, work and life, and even affected the mode of development of human society, to some extent can be said that, "the network has opened up a new era." With the rapid development of network technology and network of virtual property has become a closely watched new things.We know that any kind of novelty generation, will bring about changes in society, not only reflected in people's consciousness, but also in the real social life but also the impact of our way of life, with the continuous development of new things will have a variety of disputes and conflicts, and thus impact on our existing laws. The emergence of virtual property, as the network has not only changed the game players participate in games activities, consciousness, give us to create a virtual network society also led to many new forms of crime and content of birth to the network virtual property crimes that an emerging concept. In recent years, the virtual property legal cases involving sharp increase in noise from the moment in 2003 the "National's first online game virtual property theft case," to hit the country in 2005 "The first case of stealing and selling QQ numbers," the public calls for virtual property protection, growing ever louder. However, the network hypothesized property offenses occurred in the online world of virtual space, the object of crime in the real world has an economic value of electronic information, which makes the network hypothesized property crime are different from the traditional characteristics of as well as the traditional theory of criminal law pose a great challenge, certain criminal acts, even experienced a blank area of the law. This gives the virtual property of a great obstacle to legal protection against violations of the virtual property of no prevention and relief, for the virtual property, usually because of criminal cases had been no corresponding legal basis can not be placed on file. How legal protection of virtual property has become a hot issue in academic research. Research Network, a virtual property crime, for the update the network hypothesized property theory of crime, improve the relevant criminal legislation is undoubtedly important.At present, the world of network virtual property crime, more in-depth theoretical studies have formed a lot of consensus. Virtual property crime offenses, as the basic types of cyber crime, natural is to study the main focus. Germany, France, Japan and other civil law countries and China's Taiwan region of legislation on network assets are relatively detailed and involved in the network of property crimes, these countries and regions to varying degrees, by the light of traditional criminal law provisions of a special type of a separate offense, and through the traditional distinction between constituent elements of such a crime, to form a new criminal composition of traditional criminal law in the new cyber crime law is applicable, carry a full complement. At present, our research results in academic circles has been, most recognized the value of virtual property, properties, "and violation of whether the conduct of the virtual property crime can be incorporated into China's criminal law, and whether regulation can be drawn regulate virtual property crime and general property crime to a different conclusion, but only a few works on this issue to be of special study. This paper describes the emergence and development of Virtual Property in the history of virtual property in the literal meaning of the meaning and essence of the analysis is presented based on the definition of virtual property, in order to define the virtual property of a specific criteria, and to protect the virtual property put forward the views of has laid a good foundation. At the same time from the perspective of economics and law in two properties of the virtual property, the property, mainly from the intangible nature, effective nature of scarcity, the availability and legality of several aspects of virtual property, the property of property of all-round analysis. Through evaluation, revealed that the network implied in the value of virtual property and property attributes, and thus finds the network virtual property should be protected under the Criminal Code a new property. Since the analysis come to a virtual property is protected by the criminal law of property, then it should be on this finding, the theory of criminal law and legal basis for this paper from the following aspects to describe the basis of criminal law to protect virtual property: first, the violation of Network Virtual property of a serious social harm. Since the behavior of a serious violation of criminal law protection, social relations, with a high amount of money involved, involving a wide range of features, resulting in serious harm consequences, and showed grouping, industry trend, its serious social harm is self-evident; Second, other legal means difficult to regulate. China's Criminal Law by the legal protection of virtual property, the analysis of the status quo and advocated the use of criminal law that the law "last resort" to the virtual property, escort; third, reducing the need for private power relief events. In the virtual space, the lack of effective dispute resolution methods and rules of the circumstances, the virtual property, violations of relief after the manner of the private power of the virtual into reality of the situation has become very common, and even lead to a criminal offense. To establish as soon as possible to protect the virtual property, criminal law system is effective in reducing the virtual property owner for private use illegal means to force the only way to relief. Fourth, to curb acts of violation of virtual property needs. Only violations of criminal behavior of the virtual property, in the criminal law to be clearly defined in order to make people in the implementation of the virtual property of infringement prior to accurately predict the legal consequences of the act, the Penal Code in order to give full play to its role in crime prevention, thereby A truly effective combating violations of the virtual property. Through the above four aspects of the argument, I believe that criminal law protection of virtual property has been urgent, imperative. So how to protect virtual property in China to establish a penal system, this paper drawing on the results of research on the others put forward a sound proposal of China's criminal law system, namely through the introduction of new judicial interpretation of the virtual property protection into the category of criminal law, and on the use of manner in which judicial interpretation and how to determine the value of virtual property put forward their own views. The own property of the virtual property, determines that it will become the Kai-spy objects of a large number of network hypothesized property crimes. Virtual property only if they are recognized and the protection of China's Criminal Law, after this new social resources to get the full and effective use of the network in order to establish a reasonably stable market order, the Internet value-added services industries to get healthy and rapid development.