Identified Virtual Property Theft And Criminal Laws And Regulations System

With the network game springing up, the cases involving virtual property in the games are increasing , and there appears each kind of new crime forms like stealing the suppositional currency ,article ,or arms in the network games .For the vacuum of legislation and judicatory ,the offense which we should put emphasis on is unable to be avoided. The ingrained reason lies in the disagreement with the legal quality of the kind of property, in other words, on whether belongings do belong to a kind of property which is approved by the law, whether they obtain the legal protection based on this, the dispute exists.So ,in this article ,the quality of the virtual property in the network game is firstly focused on .Analyzed its origin ,essence as well as characteristic obtains ,it is theoretically proved that the Property Law is supposed to be an open framework .So not only the concrete property is logically put in the inherent traditional property system ,but the new kind of belongings has its own space legally protected .And then after confirmed its physical attribution and manifestation ,the virtual property can be certain substance emerging in the network environments ,and having the essential relationship with the real society as the traditional fortune, it also has objectivity ,exclusiveness scarceness transferability and value. Therefore it is necessary to protect the virtual properly which is bracketed with the private fortune .In the second part ,by introducing the conviction of crime to encroachment on virtual property in Taiwan Area ,as well as the theoretical verdict and official attitude on this conduct in Mainland area ,the crime itself is emphasized .It is an implicated offense ,which can not only be criminal thievery ,but a crime endangering the security of computer information on network .From its implementation motive and goal ,it has infringed upon the exclusive rights and interests in the computer information system .And from the its way and the consequence ,it has also harassed violated so we should give heavier punishment for a major offense for implicated crime ,that is we convict it as larceny in order to give the ultimate protection on the rights of virtual property in the interact game.At the end of the article ,some difficulties has been analyzed about criminal protection on virtual property .one is because of the characteristics of electronic evidence as well as technical barrier in network ,the proof is not easily gotten .Two ,provided we affirm the realistic economic value of virtual property and show it the omni-directional legal protection ,however ,the criterion which weighs the value is devoid of .Three ,there is huge argument on the ownership of the virtual property rights in the network .In view of these difficulties of realistic existence author ,on the foundation of analysis and using reference proposes the strategy of criminal protection on the virtual property in some extent.In brief ,to the behavior to encroach upon the virtual property ,the perfect criminal protection system should be established .This not only is the legal protection to the rights and interests of all the owner of virtual property ,but is the self-perfection along with the time of progress of criminal legislation and prompt action following up the social reality.