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Criminal Law Protection Of Network Virtual Property

Posted on:2009-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:C D WangFull Text:PDF
GTID:2206360272957483Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The development of the Internet has brought the prosperity of network virtual property. It also brings challenges to the traditional scope of the criminal law.Because of the uncertainty the legal definition of network virtual property, Virtual property protection keep in a state of disorder and the number of cases about virtual property violations rises rapidly, which has caused widespread concern of the theory and practice odepartments. This paper sets on the study of virtual property to discus the criminal protection Of virtual property. This Paper first defines the properties of virtual property, then turn to the necessarity for the criminal protection Of virtual property and the legal interest of the crimal. And then Compare extraterritorial model of the virtual property protection with ours.last, this paper will make a preliminary construction of Chinese mode.In the introduction, this paper mainly sets on the background of virtual property. On the one hand,because of rising violations of virtual property,it needs the protection of criminal law;on the other hand,because of the lack of theory, the protection of virtual property is still in uncertainty.Chapter 1 is about the attribute of virtual property.first, it gives a introduction of the formation and composition of the virtual property,and then Based on the meaning of property itself and legal significance,this paper tries to virtual property is a right with property and legal attributes,which should be protected by the criminal law.Chapter 2 concentrates on the reason that virtual property needs protection of the criminal law. Beginning with the four areas of Constitutive Elements,this part discuses characteristics of behavior violating Virtual property ,whose emergence has gived impact to the existing scope of criminal law. The intensity of existing legal norms in this field is obviously not enough.last,in the perspective of legal interest of the crimal,it will give expositions about why the virtual property needs protection.The last chapter is about the the mode of the criminal protection of virtual property and how it will be constructed.firstly,this paper will introduce the mode of Taiwan , Hong Kong and South Korea.secondly,and then proceeding from China's realities, constructmodes,which contain legislative interpretation of judicial interpretation to give full protection for virtual property.
Keywords/Search Tags:Network Virtual Property, Criminal Protection, Legal interest of the crimal, Legislative Mode, Justice Mode
PDF Full Text Request
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