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Criminal Law Protection Of Virtual Property Research

Posted on:2011-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:S R WangFull Text:PDF
GTID:2166360305481493Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the emergence of virtual property and the type of diversification, have become a major and unavoidable issue in legislative, judicial practice and legal theory.On the one hand, the network virtual property infringement cases rise in a great number, on the other hand, legislative, judicial practice has no legal basis for similar cases and the processing results vary in very different places, which not only undermine people's legitimate rights and interests but also undermine the seriousness of the law. Therefore, how to follow the principle of legality on the base of the using traditional criminal law theory of virtual property in cyberspace against the conduct of negative evaluation and punishment is both the practical requirements to protect public and private property and the urgent need to update the criminal law theory. This paper describes the controversy surrounding the focal point of the two sides based on "The first case of virtual property theft of Wenzhou City". After starting from the properties of the virtual property, it defines the insided and expanded meaning of the virtual property; and then make a detailed discussion of the virtual property involved in the scope of the property, which provides theoretical basis for Virtual Property Criminal Code to conviction. On the clear stetement of the necessity of the virtual property Criminal protection mechanism,it raises the issue of the amount of virtual property crimes identified standards. At last, with the related studies of the latest trends in criminal law protection of virtual property, the article puts forward some solutions for criminal law protection of virtual property hoping that it can benefit related legislation and judicial practice of our country.
Keywords/Search Tags:Network virtual Property, Property, Penal Protection
PDF Full Text Request
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