On Criminal Law Protection Of The Virtual Property In Online Games

Emergence of virtual property, whether it is to China's civil law theory or to criminal law theory, has brought about tremendous impact. At present our country does not have any law which defines the nature and characteristics of virtual property, so "virtual property" has been in the legal regulation of vacuum. On December 18, 2003, the first stealing network virtual property case was heard in Beijing Chaoyang Court, Its particularity of litigation caused media and wide attention of scholars, from then on, the virtual property as a new form of property officially entered the judicial perspective. Accompanied by the popularity of the network, the number of virtual property and property transactions sharp increases, disputes caused by virtual property is explosive growth. Throughout the country on the case of virtual property is also not uncommon, the voice public call for protecting the virtual property is increasingly high, which raises the attention particularly law.This article is divided into four parts, as follows:The first chapter describes the following:It introduces the online game, then explains the concept of virtual property and features. Virtual property in this article means the narrow sense of virtual property. It is characterized by virtual, reality, nature and duration of tradable.The second chapter discusses the basis for the legal protection of virtual property, it describes the social harm of virtual property violations and the necessity criminal protection of virtual property.The third chapter discusses the conservation status of the criminal law of virtual property. First, it introduces the legislation and judicial practice of virtual property in the mainland of China and conservation status of the criminal law of virtual property in Foreign, Hong Kong, Taiwan. Second, compares legislative practice around, and then gets useful things.The fourth chapter is to establish the criminal law protection system of virtual property, I put forward legislative proposals from the angle of the legal property of virtual property, value identification and obtaining evidence of virtual property.