On The Criminal Law Protection Of Virtual Property

Internet era, new things with each passing day, the virtual property is a product of this era. With the emergence of new things, new types of crime also appear. Virtual property as an object of the criminal act has become increasingly serious, and their protection is urgent. Virtual property as a property has been recognized by most people, but what the exact nature of the right, how to protect it, whether belonging to the scope of the property of criminal law to protect, how to handle such cases and so on are still considerable controversy in theory community and the practitioners. As the controversy over the existence, our law in this area now also has a huge loophole, making the legislative and judicial protection of virtual property very difficult, in particular the protection in criminal law, and it has become a reality we can not escape. In order to effectively solve the above problems, changing the state that there are no laws to protect virtual property in criminal law, we should explore this issue in depth, sum up both the practical experiences and learn from abroad and Hong Kong and Taiwan region in legal practice and theory, in order to find a suitable approach to punish criminal acts on virtual property in China.This first chapter is an overview of virtual property. Mainly introduces the concept of virtual property, classification, characteristics and attributes, having reviewed the above description is mainly to explain the virtual property is part of the property, which has a virtual nature, dependence, reality, value, exchangeability, legality, continuity and duration of such characteristics, and should have the property attribute. Second chapter is about the forms and characteristics of a violation of the virtual property, to illustrate violations of the virtual property are complex and varied. The object of the violations is nontraditional and their main bodies have a younger age. The subjective aspect of the behavior is all intentional. The behavioral forms have a nature of high intelligence and strong confidentiality. The behavioral space has the characteristics of the duality of virtual and real. Third chapter mainly discusses the virtual home and abroad the legal regulation of property condition. Mainland China mainly provides for the protection of virtual property in the legislative and judicial with other first with a wide gap between countries and regions, and there are many shortcomings. Fourth chapter is to establish the criminal law to protect virtual property, the necessity and feasibility of the discussion. Virtual property is of legal interests, their protection is conductive to the promotion of online games and emerging industries to reducing crime is in line with modesty of penal code, and the value of virtual property can be calculated. Fifth chapter discusses the author of China's criminal law to protect the concept of virtual property. In the legislation, by drawing on the successful experience outside the relevant from the first introduction of legislative interpretation, and then draw the Criminal Law Amendment and then gradually improve the criminal law to develop a single line of virtual property protection; in the administration of justice through the establish a reasonable measure of the value of virtual property mechanism to strengthen the protection of virtual property.I want to bring some inspiration to scholars through this article, and arouse people's importance of virtual property. So we can protect virtual property more effectively, accelerate the development of network industry, and help to achieve a harmonious society.