Characterization Of An Act Of Theft Of Virtual Property In Online Games

Along with the birth and development of network games, law cases about the virtual property in the network games are on a rapid rise. Take a typical example, the acts of theft to virtual property, such as the "weapons" and "equipments" which appears in the network games. Nowadays, our country still pays little attention on how to deal with these acts of theft in criminal legislation and judicature. Meanwhile, the theory circles haven't made a deep and systematic study on this subject. For being short of laws and interpretations of law, it is difficult to determine the nature of these cases and do well with them. Around the aforementioned problem, the article discusses the nature and legal status of virtual property, so as to work out a solution to the question whether virtual property belongs to the range of objects which are protected by criminal law. After that, the article will expound the distinguishing features about acts of theft to the virtual property in the network games, too. In a word, we propose to find out a practicable way on base of using the successful legal experiences in Taiwan for reference, which targets to deal well with the acts of theft to the virtual property in the network games.The article is divided into three parts, including the preface, text and conclusion.The text includes four parts, as follows:Part One: In this part, we discuss the concept of the network games at first. Depending on it, we draw out three characteristics of the network games. Then, the present situations of network games are talked about according to four aspects. At last, we point out the circumstances about offences of theft to the virtual property, which are hard to face in judicial practice because of no laws relied on. So it is necessary to determine the nature of the virtual property firstly.Part Two: After the introduction of the concept of the virtual property in the network games, we analyze five features of the virtual property in the network games. At following step, we prove that the virtual property also possesses its intrinsic value on three reasons. At last, we study the location of the virtual property in criminal law.Part Three: This part is about the determination of the nature of the virtual property in the network games. We are brief firstly on to the main ways used in the rogress of theft. Then we make a concrete determination to the nature of acts of theft to the virtual property according to the extent of harm caused by acts of theft. As follows: Firstly, to the normal acts of theft, on our opinions, an administrative punishment can be taken. Secondly, if resulting in a serious harm, such kinds of acts of theft should be condemned as larceny. Thirdly, if acts of theft also harmed the safety of the computer working system, we hold that it is an implicated offender and should be condemned as offenses against computer information system finally. At the last of this part, we study two difficult points, including the number which is depended on determined the nature of acts of theft to the virtual property and the problem on acts of theft to the virtual in a way of copying the information.Part Four: It's the last part of the whole text. In this part, we focus on the style of solution on the offenses against the virtual property in Taiwan. Starting with a legal precedent, we analyze there exist two different opinions on the nature of the virtual property. One supports that the virtual property places a legal status like the relative property; another holds a contrary opinion. To do well with this problem, the legislature in Taiwan revises the criminal law by way of amendment.