| With the rapid development of information technology and the network, the new concept of online virtual asset is list before us, which is a new question like never before in the legal world, and has an effect on the traditional law. With the sudden appearance of the network game industry, the number of infringement case of online virtual assets is increasing day by day, while the traditional law is unsuitable directly for the cyberspace, the court has nothing to depend on when hearing the case. Whether to protect citizen's online virtual assets? Which part of the Legal department should regulate the online virtual assets? These two questions will be discussed in this article, and the determination of the legal nature online virtual assets will be also made, the necessity of its criminal protection will be discussed and the measures will be made on the basis of legislative and judicial practice about the online virtual assets.This article is divided into the following five parts:The first part: the concept of virtual assets of the network game online. This part mainly elaborates the network game's production and the development, the characteristic of network game online virtual assets, and the declaration of whether online virtual assets belong to the law in the property category will be discussed.The second part: the whole discussion of criminal protection of the network game online virtual assets. This part mainly elaborated criminal protection of the network game online virtual assets, and list evidences from three aspects explaining the necessary criminal protection of the network game online virtual assets.The third part: the concrete discussion of criminal protection of the network game online virtual assets. This part mainly discussed the types of criminal behavior of the infringement network game online virtual assets, and the standard of how to determine the criminal behavior.The fourth part: Domestic and foreign legislative practice and judicial practice of criminal law protection network game online virtual assets. This part elaborated legislative practice and judicial practice of criminal law protection network game online virtual assets, the network world has its rule from the technology to the behavior, and we should learn from those experiences.The fifth part: the measures of criminal protection measure about the network game online virtual asset. This part mainly list proper measure about how to deal with criminal protection measure about the network game online virtual assets, and to solve the criminal legislation blank and the judicial practice difficult problem. |
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