The Virtual Property Of Criminal Law Protection

Along with the rapid development of the social economy and science and technology, we gradually into the information age, network as the product of modern science and technology progress constantly changing our way of life, the virtual property as an important part of the network life gradually becoming a new property form in the real life of the world. Although it in some degree satisfies the people in the physical and spiritual needs, but with the network hypothesized property relevant case is more and more. Due to the influence of traditional Chinese criminal law theory, and the relatively weak study of virtual property, about many legal problems of the virtual property exist dispute, therefore for virtual property criminal law protection in many cases are in the state which don't have the legal basis. The virtual property if not has the protection of the law, not only will it hurt the virtual property owners' material benefits, and will damage their spiritual interests; not only will affect the normal development of Internet market order, and will affect the whole society's normal and orderly market economy. To effectively solve the infringed the network hypothesized property crimes, needs through the way of studing the legal protection of the virtual property, especially strengthening criminal law protection to solve.At present, in the United States, Germany, South Korea for criminal protection of virtual property has their own unique legal provision, while in our country criminal law system does not have a unified standards and regulations for virtual property protection in legislation. In the judicial practice, for the behavior of infringe virtual property or be punished by the theft, or be considered as encroach correspondence freedom crime, or to be recognized as destroy computer information system crime. If you want to have a unified cognition for the virtual property of criminal law protection problems, first you must understand the problem which is the virtual property exists value or not, only the virtual property exists value, it is necessary to provide legal protection for it. For this issue, there are two views in theory:The first point is the virtual property is not useful. This view that the virtual property is just a group of data, it is stored in a computer, it is not solid substances, it has not specific price, it is not conform to the provisions of the traditional civil law for property, and it does not get legal recognition, so it is not the legal sense's property. This view only see the surface phenomenon of the virtual property, does not realize profoundly to the essential meaning of the virtual property. The second view is the virtual property has value. The idea think that the virtual property is got by network users who input a lot of labor, time, energy, intelligence and money, it is a kind of valuable thing which condensing the wisdom and labor, it can be attached to the category of the private property. Therefore, the virtual property has value, it also is the mainstream in the theory and academia. The article is based on the virtual property's valuable, through expounding the theory and legislation practice which about he virtual property protection from some developed countries and regions's criminal law, according to the defects which about the virtual property protection provisions in our country criminal law, puts forward the suggestion that can perfect our country criminal law's provisions which about the protection of the virtual property, involving legislation, judicature and enforcing the law.The paper is divided into four parts, The first part,as the definition, features and value cognizance such basic issues of the virtual property were discussed and studied, then discusses the relationship of virtual property and real property relationship and the virtual property's value cognizance. The second part,Mainly from the angle of legislation and judicial to expounding the virtual property criminal law protection's practice of Foreign and HongKong and Taiwan regions. The third part, Firstly, the necessity and feasibility of virtual property criminal law protection of our country are analysed in detail, then for its protection status are also described. Finally, mainly expounds the problems which about the virtual property criminal law protection. The fourth part, The author from aspects of legislation, judicature and enforcing the law etc to provide advice, and tries to make the virtual property getting fully criminal law protection.