Virtual Property Crime Research

The prosperity of network greatly challenges the traditional theories of criminal law. This article focuses on crimes involving virtual property existing in the virtual space as the subject, exploring the applicability of the criminal law on dangerous acts in the virtual space. At the beginning, this article points out the necessity of protection on virtual property by criminal law from the aspect of social meaning and legal sense. Based on that, this article studies the characteristics virtual property and features of crimes involving virtual property comparing to traditional crimes of property infringement, i.e. the uniqueness of means of crime, and the invisibility of virtual space where the criminal offences are committed. With the comparison research and through referring to the theories and judicial practices on crimes involving virtual property of other countries, it discusses the defects and deficiency in the theories on crimes involving virtual property of China. Preface: discuss the background of crimes involving virtual property. For one reason, the situation of trespass on virtual property need criminal law protects. For anther reason, criminal law should restrain from its impact. How to keep balance between them is the main line of the article. Part One discusses the concept of the virtual property. The virtual property has two virtues. One is societal virtues and anther is economic virtues. Then give the character of the virtual property. Part Two discusses the crimes involving virtual property. From comparative view, the article draws the character of crimes involving virtual property. Secondly, research on revaluation of the value for virtual property. Part Three, Comparison on crimes involving virtual property between Taiwan and Hong Kong distract. Make research on the theory of crimes involving virtual property. Part Four discusses the legislation on computer crime for our county. At last, it proposes to improve the laws of crimes involving virtual property of China through the means of legislative interpretation and judicial interpretation.