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On China's Criminal Law Protection Of Virtual Property

Posted on:2011-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:X M ChaFull Text:PDF
GTID:2166360305482313Subject:Law
Abstract/Summary:PDF Full Text Request
Today, the Internet has penetrated into all areas of people's lives to make people reach for their reliance on an unimaginable level. Internet changed the world, and from now on it divides the word into the real world and virtual world. The emergence of the virtual world created a wide variety of gaming equipment and gaming currency. The accounts of these games, gaming equipment and games for this coin is that we will discuss the network under the virtual property. Network to promote the prosperity of virtual property online games industry is now the industry cannot be ignored in China and is promoting China's economic development. However, the Marxist dialectical materialist dialectics requires us to look at the problem. There are a large number of violations of network virtual property behind the virtual property boom. Such violations not only seriously affected our Internet security and order in the normal, but also for China's traditional legal system, especially the criminal justice system created a huge impact on. Because of lag characteristics of the law, it is necessary and urgent for criminal law. Therefore, in the field of criminal law how to protect the network of virtual property is an important sector for the judiciary and theory horizon.I proposed criminal law measure to protect the virtual property right through reference to the large amount of data, studying a large number of actual cases and drawing on previous studies based on the results. And I address them on the basic of discussing the process of criminal law in the legal system to protect the network virtual property in the special problems encountered.This paper is divided into three parts: introduction, body and conclusion, and I will demonstrate it from three aspects.The first paper discusses the network virtual property is the impact of China's criminal law. This is mainly to be explained by two parts: first introducing the concept and characteristics of the network virtual property,and on the basis of large amounts of data information clarifying the development of the network status of virtual property. Second, explaining clearly the necessity and urgency to protect network virtual property from the criminal law based on a theoretical level of the criminal law in order to provide the basis for the argument below.The second describes the network of China's criminal law in the protection of virtual property in the practice. It elaborates on two aspects from the legislative and judicial practice. Because of the legislative gaps in the area of protection by criminal law, I will give a brief introduction of China's law, in particular the provisions of administrative rules and regulations in this regard. In judicial practice, I put forward a point of view through the occurrence of cases to clarify the handling of our judicial.The third proposed measures and proposals to protect network virtual property by the Criminal Code. After a brief introduction of protected mod about the online game industry developed in Korea and China's Taiwan region, I make a macroeconomic policy through these two regions of the reference. I See the special difficulties in the aspects of protection of the judicial practice of network virtual property and give my own solution strategies, hoping to make its modest contribution to protect this area of criminal law.
Keywords/Search Tags:Network virtual property, Criminal law protection, Social harmfulness, The principle of last resort, Internet real-name system
PDF Full Text Request
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