Research On Issues Of Investigation On Stealing Network Virtual Property

With the rise of network game, there has been a variety of nem forms of crime such as theft, the theft of online game virtual"currency","articles"and weapons", accompanied by the more and more virtual property in the game. No-man's land belonging to judicial legislation sum theory to the behavior infringing upon middle suppositional cyberspace property, but this kind of law case having already arrived at unable withdrawal at present in actual judicial practice condition. Lead to the ultimacy cause that this once there exists in problem, the law depending on the network supposes property in game there exists dispute in character. In other words, suppose if property belong to one kind of the property being able to what approved by law , make , harbor the regulation being able to owing to this but getting corporal punishment to have dispute. The scholar carries out the main body of a book at main union home and abroad in legislation theory and the judiciary, further analytical suppositional steal property behavior ought to compose crime of burglary, the kind carrying out a gauge with corporal punishment making here commits a crime having real operas ability more. If the behavior supposing property compose what crime committing a crime , composing stealing a network at the same time , face to face, how the number stealing concre supposing property is calculated waiting for a problem , is suggest that self viewpoint composes in reply view.The main body of a book four together mark of chapters, content as follows:First seal has introduced the theory outline supposing property, from supposing property creation and their history angle developing, have carried out definition and analysis on the concept supposing property. Be to suppose property what is called, be that the finger takes that the network plays as basis, may under the play family this ID that the account records under the number controlling in game in network number from network game controls, calls, founds or enters game program various "role" ", personage rank " ", weaponry " by game individual isoelectronic data information, Exist side by side lying in the electromagnetic precis writer on specially appointed game server. At the same time, have analyzed five characteristics had suppositional, cling to, value, business and time limit by suppositional property. Simultaneous summarization has set forth several main type of suppositional property existence: Suppose the currency kind, suppose the equipment kind, and suppose the role kind and the less important property kind. Property carries out parallel analysis on tangible property, digitization supposing property and tradition finally, indicate suppositional property and there exist in property other essentially difference and difference.Second chapter property attributes specifically for supposing property have carried out many-sided investigation and discussion , have been to deny doctrine , to affirm the dispute composing the quarrel differentiating doctrine , have checking conceptual import of property difference combining with continent genealogy of law and UK-US genealogy of law specifically for theory boundary's three kinds viewpoints about suppositional property nature, attribute summarizing that analytical property has objectivity, useful, rare incomplete and controllable nature. Proceed thus and analyzing suppositional property having all above four kinds attribute, list and one by one giving reasons. Analyze out this consistent take issue with orientation direction: The network supposes property although suppositional, should belong to the property category but. Cheng and the boundary fix the at the same time , face to face suppositional property right character certificate , point out the protection supposing property to should accept law. One aspect , service are in motion and do business discussing the proprietary right giving birth to a child according to grinding hair getting suppositional property , have the disposition should suppose property , monopolize right and. Another aspect , the game consumer owe suppositional property the corresponding price gold by being paid game service merchant , being servitude's turn still is one kind of creditor's rights relation according to the contract arranges to have got the servitude should suppose property.Third chapters and fourth chapters have been the main body of a book priority, third chapters have analyzed primal problem in the system stealing punishment law and regulation supposing property mainly. Commit a crime mainly about stealing if the behavior supposing property compose, corporal punishment has the necessity getting involved in or not, suppose if property require that corporal punishment gives modest or nature protecting as well as corporal punishment if the protection getting involved in suppositional property have violated the corporal punishment conviction and penalty according to law principle composes in reply corporal punishment principle. The author is on the march after analytical , comes to a conclusion by giving an example, be that the suppositional property that network game produces already has it's value , not being open to doubt, the small advantages ought to accept real world corporal punishment protects moreover. The reason is: (1) suppositional acquisition property needs to consume certain energy , need to throw into magnanimous time , simultaneous together , throws into in being burning accompanying nature property being returning back to existence. (2) Puts into the game work are not the gain hypothesized property only way, but may also through the payment corresponding price way gain. (3) Hypothesized property and realistic property existence real transformation trading market. (4) The hypothesized property and the real currency's fixed exchange way already existed. At the same time, the author thinks that suppositional property needs corporal punishment, get involved in and give protection , for the following reasons: The behavior first, stealing suppositional property's has grave society harmfulness , needs corporal punishment get involved in give gauge system. The secondary , corporal punishment are got involved in supposing the property protection, now that health beneficial to protecting the legal benefit making fun of a family , estate also beneficial to playing develops. Final, secondary corporal punishment function and mission are inspected, the behavior applying corporal punishment to crack down on stealing suppositional property, the inevitable act becoming suppositional property of protection. And be aimed at theoretical analysis, reach modest or nature principle not going against legal corporal punishment crime principle and corporal punishment to the system stealing suppositional property punishment law and regulation. But what crime suppositional property of steal firmly believes that for, the author accepts in the behavior will steal suppositional property, should determine the nature of crime of burglary. This is because, first, the behavior stealing suppositional property is set mind on in order the crime destroying computer system does not accord with subjective request of that clause. The conference stealing suppositional property and not having any essence to computer system destroys secondly, judging from the behavior way endangering computer systems. The behavior stealing suppositional property finally, accords with main objective crime of burglary important condition. The object that crime of burglary infringes upon is property public and personal proprietary right. The number supposing property to steal ascertains method concretely, is going to be based on reality; the standard carrying out a number ascertains that. Author think that have two kinds method to have operas ability comparatively at present (1) according to behavior people whether or not disposal of stolen goods but adopt different method to be in progress setting mind on (2) entrusting third party authority organization to be in progress estimate that, the court firmly believes that according to the circumstances.Fourth main chapter union home and broad's legislation and judicial theory practice about the behavior controlling suppositional property of steal face to face, be aimed at our country at present current situation, has analyzed and set forth the feasibility thinking that our country carries out at present to striking the sum stealing judicial theory of suppositional property behavior legislation sum. The author thinks that the primo requires that article 92 is in progress to corporal punishment, legislation make an explanation. Extension expands to corporal punishment 92 regulation property concept to suppositional property, before suppositional property be brought into corporal punishment article 92's after summing up nature regulation, "property of corporal punishment the 264th crime of burglary marriage partner public and personal" can't may the legal status doing dilation make an explanation , making suppositional property clear thereby corresponding. It's two , the way adopt corporal punishment amendment, the gauge makes the criminal act stealing suppositional property's , may the 264th steal crime to corporal punishment, the marriage partner draws in committing a crime giving modification on setting mind on a standard, circumstance increasing suppositional property of steal's, set mind on law with the number and circumstance action most standard. From the judiciary angle thinking, the primo, make an explanation, answer actively courageously on the basis ought to abide by conviction and penalty according to law principle and making an explanation principle. The highest judicial organ should play the leading role, to steals the hypothesized property crime rational judicature response, provides one kind of unification, the science for all levels of judicial department, reasonably to decide after deliberation the standard. Next, limits hypothesized property criminal law protection principle. The highest Judicial organ may be clear about the hypothesized property through the promulgation judicial interpretation the attribute and the category, suggests from the following several direction limits: (1) supposes property necessaries and reality there exists a law in the world tier of surface connection; (2) suppositional property has economic value; (3) suppositional property belongs to the property on corporal punishment significance. Finally, value measurement supposing property in supposing property to commit a crime in steal, ascertains that in the respect of should comply with a few in actual judicial practice: Break only number theory first, and firm belief establishing the number coexist with circumstance cutting amounts mechanism. Two is that rational value of building-up judge's mechanism.