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Criminal Law Protection Of Network Virtual Property

Posted on:2012-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:B C WangFull Text:PDF
GTID:2216330368483888Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The first chapter is mainly about property and legal issues of virtual property. Virtual property is a new thing derived from computer technology in recent years. And a large number of cases of violations of virtual property appeared on the community, Whether virtual property is identified as property is the key to include it into the criminal law as property crime. This chapter recognizes the virtual property as legal and property nature and recognizes the virtual property as property from economic and law perspective.The second chapter is the main argument of the protection of the necessity and feasibility of the Criminal Code of virtual property, because, not all criminal offenses are required to be standardized by criminal law. The chapter focuses on why the infringement of behavior for virtual property need to use criminal law to regulate. From the perspective of violation of a serious social harm to virtual property, regulation by the criminal law does not violate the principle of legality, and it does not violate the provisions of the Criminal Code of Modesty. For the difficulty of evaluating the amount of virtual property, I propose special assessment agencies, and the identification methods of the court.The third chapter discusses the domestic and international conservation status of virtual property in order to find the protection of virtual property in legislation and judicial practice. For the conservation status of virtual property from Taiwan, Hong Kong and foreign countries, by comparing, then it can provide reference from the criminal law of virtual property.The fourth chapter discusses proposal from the judicial to the legislative criminal law protection on the virtual property in China, a judicial interpretation of justice for our country clears the importance of protecting virtual property, and legislations on the criminal protection of virtual property need take an incremental approach. Through legislative interpretation and then to explain the Criminal Law or develop a single line of criminal law, Then finally we should develop network legislation to protect the virtual property.
Keywords/Search Tags:Virtual property, Protection of criminal, law Legislation
PDF Full Text Request
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