Protection Of Network Virtual Property By The Criminal Law

The computer network rapid development of today society, when the Internet appearance.changes not only life style by people, but also brought us "virtual property" of new product of network, as a new form of property, our existing property and the concept of current legal theory has caused enormous impact, the virtual property value and practical value growth fast, the sound of legal protection by fictitious property more and more strong.However, our country has no law for the virtual property, attribute specified virtual property is still blank of the legal protection. For the property of assets ordained by virtual property, whether to promote social stability is to promote the healthy development of industry, network, or to protect the rights and interests of Internet participants, has the extremely vital significance.Based on the analysis of the concept of virtual property,summarized the virtual property the property of value, the property of virtual, the property of singularity, disposable and several characteristics that period of virtual property shall have the same properties as real property law and property of virtual property attribute, the criminal law protection is very important meaning, can effectively prevent the virtual property infringement behavior, reduce private relief act, maintain social stability and promote the orderly development of network industry. Yet China hasn't any part of the virtual property law stipulates that all judicial organs infringe the fictitious property of network behavior approach is different, some not to infringe on, some property damage, some computer information system, and the sin by correspondence freedom encroachment crime, criminal law protection of the fictitious property of network difficulties.Based on the part of the western countries and China Taiwan, Hong Kong's legislation and judicial practice, the paper discusses the virtual property law protection in China, the virtual property crimes harmful inestimable reality, the real value of the fictitious property of network, the burden of hard to measure to solve the fraud, Internet service providers are difficult to be determined, and criminal jurisdiction to determine, on the virtual property law in legislation and judicial protection puts forward Suggestions on legislation, clear the legal attribute of the virtual property by legislation, the unity of the virtual property value appraisal method, using legal norms network operators and network players the rights and duties in the relationship with legal provisions network operators burden.