Criminal Law Regulation On The Crime Of Stealing Cyber ​​Game Virtual Property Crime

Into the21st century, with the rapid development of science and technology and thewidespread use of Internet technology that gave birth to the rise and rapid development ofthe online gaming industry, followed by the online game industry derived from the endlessviolations of online game virtual property cases. Traditional legal theory in the face of thisemerging field of crime at a loss, the legal profession face of unprecedented new problems.Criminal Regulation legislation virtual property in online games, basically in the blank,which resulted in no legal basis for the situation in practice; Second, the judiciary becausethere is no clear legislative documents in dealing with violations of online game virtualproperty cases independently, the same situation will have a different outcome, namely theso-called "co-different sentence", the verdict is largely influenced by the judges subjectivewill and understanding of the law awareness. Therefore, we shall follow the RestrainingCriminal Law and the principle of legality based on the summary of the defects anddeficiencies of the relevant domestic legislation and judicial practice, and then moreadvanced foreign and Hong Kong and Taiwan for the criminal law protection of virtualproperty in online games and advantages legislation and judicial practice, experience ormode of study and learn and hope to find one suited to China’s specific conditions for thecriminal Regulation of online game virtual property, legislative and judicial road.The first part of this paper is an overview of the virtual property in online games. Thispart is an overview, basic analysis of what is a virtual online game property? Online gamevirtual property has what kind of property of nature? Online game virtual property inwhich the theoretical basis of the criminal law protection? The second part is acomparative study of some countries and regions in the world on some of the criminal lawprotection of online game virtual property and this part of the first introduced the world’s online game virtual property law to protect the more advanced countries (Korea and theUnited States) and China Hong Kong and Taiwan advanced practice and experience,followed by China mainland for the legal system of online game virtual property crimesanalyzed, pointing out the loopholes and defects, and finally a comparative study, analysisof foreign and Hong Kong and Taiwan advanced practice and we can learn fromexperience, in order to be able to find a path suited to China’s national conditions. Thethird part is the focus of this article and difficult part of analysis and research, this part isdivided into three sections: the first is the problem of identification of the theft of onlinegame virtual property behavior, which focused on the theft of online game virtual propertycrimes, a number of hot issues practice what behavior should be characterized as the theftof online game virtual property behavior, which should not be identified for the onlinegame virtual property theft behavior; Section II is a form of theft of online game virtualproperty crimes, this section completed and attempted to study; third section is the amountof the theft of online game virtual property theft of ordinary property crime amount, inthis section, by analogy, and then pointed out that the online game virtual property theft isa technical appraisal, and then analyze the commonly used four virtual value of theproperty to determine, one by one analysis of the pros and cons, and finally pointed outthat should be a focused, comprehensive consideration. The fourth part is the system ofcriminal law protection of online game virtual property and construction ofcountermeasures part. This part is divided into three first section, from a macroperspective for holistic thinking of the criminal law protection of China’s online gamevirtual property path selection, a progressive legislative road that should go according toChina’s national conditions, at the same time should improve justice; the legislative level,the suggestion in Section II, for the legislative interpretation of the Criminal LawAmendment Act, single criminal law, these types of system to amend the Penal Code byway of legislation, analysis of pros and cons, discussed in detail; Section III of Justiceperfect part, from the two aspects of discourse, on the one hand, improve judicialinterpretation of criminal law to explain the technology, on the other hand, is to update themode of Justice, to establish a new judicial philosophy.