| Internet technology has changed the traditional deep level the existence of the property. Virtual network space, the traditional rules of criminal law and criminal law theory developed in terms of impact and challenges. Property rights as an ancient and sacred right, its manifestations and specific content of larger changes. Its attributes and protection mechanisms need to study the Penal Code and define academia. Especially with the development of online games, virtual network on the protection of property is a hot contemporary social issues.This paper mainly from the current network of property rights in space of the changes and development on the property within the scope of criminal law and the unique meaning and, in conjunction v/ith today's cyberspace crime against property-specific forms and characteristics to the network space property rights Criminal Protection of the feasibility and countermeasures.The full text is divided into five parts, as described below:Introduction, the paper described the purpose and significance of writing. The development of the Internet makes property rights form of expression and the specific content of change and innovation. Correct understanding and analysis of the property rights in cyberspace, and its effective protection of the Penal Code, the Penal Code would make because of the new era of technological progress and the emergence of a new property rights protection with theory. For real life because of a large number of network space from property disputes and contradictions, and will become law. Contribute to the protection of the interests of the broad masses of Internet users, the development of the network industry norms.PartⅠ, the network space property to the changes and development.Internet technology has changed the traditional deep level the existence of the property, to provide the new carrier and to give the new forms of property rights. We are property control means more diverse, and the economic value of goods showed a greater degree of diversity. The content of property rights in an expanded explanation: freedom of action to a certain economic value of the rights.PartⅡ, violations of property and common form of cyber-crime.To address the social reality of crime against property-based network.In this paper, using the criminal law violations on the property of the concept of cybercrime. Crimes against property-the essential feature of the network is: use of the Network. Refers to the network of such crimes must have the characteristics of the existence of acts, only for essential use of the network itself Qincai criminal side can be called a crime against property network. The telecommunications sector without permission unauthorized access to or use of legitimate means of secret accounts user network, will be as ordinary Qincai deal with sexual offences.Crimes against property network shows that different from the traditional property of the characteristics: 1.the crime scene and the virtual space. 2.the invisibility of criminal acts. 3.the intelligent criminal means. 4, the continuity of criminal acts. 5.the natural weakening of control. Therefore, the increase of property on the network of criminal law protection, we will be facing new difficulties. On the current status quo in terms of development of the Internet, cyber-crime against property type can be divided into entities property rights violations and violations of the criminal network of virtual property, Internet crime.Property rights violations entities cybercrime include: 1. Entity property rights violations pure Internet crime. The crime refers to the network through the use of information technology for the implementation of computer network information systems destructive attacks or modified, so as to achieve the illegal acquisition and possession of criminal purpose of private and public property. 2.The property rights violations entities not pure Internet crime. The crime is only indirect use of network space as a place of crime or indirect use of network technology as a means of crime, or possession of illegal access to private and public property crime. Define the difference between the two concepts is: pure Qincai of cybercrime because of the double object of danger to society is even greater. Crimes against property network common form of network fraud and theft network. Phishing is the illegal possession for the purpose of using the Internet using virtual reality or hide the facts of methods to cheat the relatively large amounts of public and private property act. Include the following categories: 1.The implementation of Internet auction fraud. 2.The use of the international long-distance dialling Modem fraud. 3.The use of the Internet to provide a concession of fraud. 4.The use of the Internet for other multi-level marketing or pyramid scheme fraud. Network theft refers to the illegal possession other people's property for the purpose of using the Internet as a means or tools to steal other people's property secrets act. Network theft is the main form of the use of systems such as Trojan professional computer network tools, master property management of the online user ID and password to illegally take possession of the property of others purposes. The electronic theft of funds is a special target of crime.Virtual property rights violations cybercrime refers to the use of computer networks to exist in cyberspace electronic information relevant to the implementation of deliberate destruction or modification of others in the network game items such as money virtual network ownership of the property crime, mainly theft online games property. Before the current study on the domestic virtual property theft generally have three different views: a lack of crime, which constitute a crime, although without the relevant laws against unable to control. I agree with the second view, the current network virtual property urgent introduction of China's Criminal Law to the Legislative protection mechanisms.PartⅢ, the network space to protect virtual property Penal Code the necessity and feasibility.Virtual property with the property of the main ones being: 1.objectivity, 2.exclusive, 3.scarcity, 4.can be transferred, 5. the value of. Virtual property with the nature of the property is a property: a network of virtual property in line with the development trend of the property system. 2.network virtual property and the essential characteristics of the property, and embodies the audience and players, players and game service provider relationship between the rights and obligations. 3.network virtual property with the essence of the property, and in real life show the actual material interests. In short, network virtual property as a new form of the property should be considered to be property, the property should be subject to the legal systems of norms and protection.Virtual reality by property violations, leading to a virtual network of the need for legal protection of property. Main: 1.games and equipment were stolen. 2.virtual equipment depreciation. 3.Visa online game account. 4.online games factories closed down. One of the most common is that the game equipment stolen. In the virtual world and the relationship between the real world of social relations, it should belong to the real world of social relations. So virtual goods as intangible property should receive a proper evaluation of the legal and relief. For the following reasons: 1. Network virtual property is real property. In order to get the network virtual property, participants in a real game of money and a lot of property, such as labor, as well as direct participants in the game to buy access to the network virtual property. 2. Network Virtual property is a development trend of the times. In 2003, China's online game revenue breakthrough 2 billion yuan, more than movie box office income in China. 3. network virtual property transactions should be in line with the principle of trading and efficiency. Along with the diversity of online game development, network and virtual real property between the fixed currency conversion system gradually beginning to emerge. This requires the establishment of the transfer of resources to property rights system, and enable the network to correct the main expected to achieve maximum efficiency and decision-making.PartⅣ, the network space to protect virtual property Penal Code the necessity and feasibility.Against cybercrime issues, in recent years China has stepped up its legislation. In judicial practice, the courts of the virtual property infringement cases have emerged at least three ruling status quo. One was called the "Criminal Law" Section 264 counts of theft to be found; Second, the "Criminal Law" Section 252 violations of freedom of communication to that crime; Third is the "Criminal Law" Section 286 damage to the computer information system that the crime.Outside the judicial handling of similar cases, is a reference to China. Europe and South Korea have clearly defined property value of virtual goods, theft of virtual items will be arrested. And in Hong Kong, and Taiwan, have similar regulations, and related penalties can be sentenced to imprisonment for several years. Offshore areas of similar cases are basically the requirement for a dedicated, mutatis mutandis, entities and property crime punishment.Development of the computer network at an alarming rate, making criminal legislation lags behind. Therefore, we need the legislature more forward-looking vision. Legislative measures are as follows: 1. increase the intensity of the network of criminal legislation. 2. the Criminal Law of the network alone. 3. the network of crime against property for additional punishment.The author of the "Criminal Law" on the network virtual property protection legislative proposals are: 1. the supplementary provisions of the Penal Code. First, the amendment to the Penal Code or Section 92 clearly on the "other property". Suggested that the words "Criminal Law" in the fourth paragraph 92 is amended as follows: (4) individuals in accordance with the law under all shares, stocks, bonds, as an additional subsection (5): social relations with the reality of legal significance in the link virtual property and other property. Secondly, the "Criminal Law" Section 264 theft Reconstruction. Suggested that the words "Criminal Law" Section 264 behind on the theft of a provision: "theft network against the intangible property right of property rights, or larger amount of serious cases, as compared to this article punishment." 2. technical support. In that virtual property crime, the key point is to determine the value of the virtual property. Establishment of a more unified national valuation system: Virtual property market transactions. The size of the domestic game industry continues to expand, only speed up the process of network virtual property laws and regulations related to the pace of legislation to the full and effective adjustment of this special network virtual property of the legal relationship. |
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