Research In The Problems Of Stealing Network Virtual Property

Network Technology, as new industries that turned up at the end of last century,has provided more tools of entertainment and communication to people's lives. However, as a coin has two sides, the advantages always go with the disadvantages. A number of unprecedented legal and society issues arise with these conveniences. As a kind of network technology, the online game industry makes the network virtual property as a new type of property enters into the people's lives. Because of the network virtual property is a property like other kinds of properties, some violations of the network virtual property have appeared. In these acts, the stealing of the network virtual property undoubtedly becomes the largest share and most serious behavior.Since the legal rules arising from the lag characteristics, the current judicial practice in the protection of network virtual property is still in a state of uncertainty. There is no relevant theory and method of the clear support of the network makes the reality of the theft of virtual property behavior showing the differences in treatment, in such a lack of a clear prediction of the state, it is clearly not conducive to the protection network virtual property. This requires that we must make clear the value of network virtual property attributes to determine the network virtual property theft conviction standards of conduct and punishment, resulting in a stable viable option to protect the legitimate rights and interests of all virtual property.In this paper, the structure is divided into introduction, body and conclusions of the three parts.Preamble is mainly introducing virtual property damage caused by the act and the current profession and the judiciary theoretical existence of this dispute, indicating the stealing network virtual property discussion and analysis of the need.Body part is divided into five chapters, namely, discussed the concept and the legal attributes of the network virtual property; Defined the behavior of stealing network virtual property ;Research in the status of penalties on stealing network virtual property in various regions of our country, given stealing network virtual property conviction penalties proposed in the author's opinion; By the analysis of judicial practice in stealing network virtual property be convicted and punished behavior when faced with specific problems and propose the corresponding solutions; In the end, in improving the criminal law to protect the network virtual property put forward the relevant legal advice.The first chapter is an overview of network virtual property. The first part introduces the concept and types of network virtual property, the network virtual property that this paper discussed does not include those only exist in the network environment but not be associated with the social reality an the network virtual property those deal with the directly money, it means the network virtual property that exist in the network environment but substantially contact with the real world, its value has been added in the cyberspace and need the protection of the laws in realistic social relations. For the second part through ,the paper discuses the legal sense of the value of the property nature of scarcity and liquidity of three kinds of necessary attributes ,demonstrated the network virtual property as a form of intangible property, in line with the legal sense of property attributes, it is necessary to be protected with the law.The second chapter defined the behavior of stealing network virtual property. The first part discusses some major methods of stealing network virtual property, mainly through the network technical tools and practical means of two kinds. The network technology means, including the Trojan horse approach, and direct feedback from the computer to obtain cookies invasive way information, but no matter the form of how stealing network virtual property, it steal the virtual property that exists on the network belonging to others and has practical value, violates the legitimate interests of others. In the second part, some of the stealing network behavior has been ruled out, including network game rules set itself as theft, and fraud network virtual property behavior, the concept of stealing network virtual property behavior was clearly defined.The third chapter analyzed the nature and punishment methods of acts of stealing network virtual property. The first part is about the stealing virtual property behavior of the network theoretical research and current status of the judicial punishments were investigated in Taiwan, Hong Kong, the Mainland of China , the Taiwan region has been through the criminal law has recognized the network virtual status of the property at present, but in determining for acts of stealing network virtual property , there are still disputes; the Hong Kong region have not yet formed a unified jurisprudence standards in this problem; In the mainland of China ,there is no uniform standard in dealing with the behavior of stealing network virtual property in the judicial practice , the legal application is also extremely confusing. The second part is on the behavior of stealing network virtual property qualitative analysis in our existing legal system, I believe that, if the circumstances are minor, causing no serious social harm, it can be just as an offense by using civil law or other provisions of the law to be adjusted. However, if the network virtual property theft has reached a certain amount, resulting in serious harm to society, it should be handled as a crime by the criminal law to regulate and adjust. The third part is in accordance with the first part of the qualitative analysis to determine the different circumstances of punishment, if the act of stealing network virtual property got to the extent of crime, punishment for it as larceny should be necessary and others punishments may be unreasonable. From the issue above, the author's point is that, if the act has been serious harms to society, it should be punished as larceny.Chapter Four analysis the problems that we should face to and solve when punish the behavior of stealing network virtual property. The first part is about the question that identifying the network virtual property owner. First of all, it discussed the necessity and importance of defining the owner of the network virtual property, and made the method that determines the network virtual property owner with a real name system through the network. The second part is about determining the price of the network virtual property, through the analyses of different ways after stealing network virtual property, determine the value of the network virtual property. As a rule determine whether the act has got criminal law standard.Chapter Five is putting forward the relevant legal advice in improving the criminal law to protect the network virtual property. The first proposal is giving a clear concept of the property in the criminal law to ensure that when stealing network virtual property happened there will be a clear legal basis for relief. The second proposal is giving a perfect interpretation of technical terms in the criminal law, to avoid the inconsistencies arising from differences in conceptual understanding when the judiciary deal with the cases The third proposal is made through judicial interpretation to improve the provisions of the object on the larceny, in order to avoid the different punishment in judicial practice for a lack of uniformity rule.Conclusion is mainly made for the previously discussed have been summarized and pointed out the lack of theoretical research.