Research On Protection Online Virtual Property By The Criminal Law

With the rapid development of network industries,the virtual property's number, scope, value have increased dramatically, the disputes caused by virtual property also lead to a significant increase in the number of the many public voices on the virtual property legal regulation.Due to the lagging of the law, theorists and practitioners have different opinions on the legal attributes of virtual property and criminal law protection of whether to recognize the different criminal justice practice led to the identification and treatment vary widely, a direct impact on criminal law for criminal acts combat effectiveness and the infringement of legal interests of the protection, criminal law affects people's identity. This stage, the network industry has become an important economic industry in the national background,our country has no legal regulation to define the legal nature of virtual property, and virtual property has been in the white space of legal regulation.To give legal protection to virtual property protection even criminal law, not just theoretical issues that should be explored, it is necessary for the state law and prudent to make a realistic choice.The object of the criminal law has been harmed and constituted a crime, it should be regulated by criminal law and punishment, it has been long time that the computer and network crime legislation is a "computer crime" as the legislative platform in China, but the criminal law regulation of the virtual property can not cover all violations of criminal law. According to legislation or judicial practice,these countries and regional have been reference traditional criminal law, in the light of style, it has regulated special criminal name, thus forming a new crime on the traditional criminal law innew cyber crime law application and comprehensive supplement.Regarding our country criminal law regulation and punishment, it should choose the legislation in the way of explanation for the current criminal law system, because the virtual property compared with traditional crime just differ in criminal behavior means,the nature of crime is identify, therefore, the criminal law of the virtual property protection should be brought into criminal law protection system,dispening with creating special charge names and special law.