On Criminal Protect Of Virtual Property

Network online game industry has brought prosperity and rapid development; it also brings the challenge of traditional applicable scope of criminal law. Because the lack of law, virtual property is not expressly authorized by law. The network game while brings the huge opportunity and economic efficiency for the game operator, also triggered a large number of disputes involving virtual property and even lead to criminal cases. In the practice the court either does not give accepts, either through carries on expanding by judge to the criminal law article to explain that makes the decision about the cases of violations of virtual property, which is not conducive to protecting the legitimate rights and interests of users, also is not conducive to judicial order unity. Although at present our country's law were not clearly defined on the behavior of virtual property violations. However, to achieve the protection of property still faces many problems, such as the legal attribute of virtual property, the ownership, value determination and the burden of proof. This paper attempts to combine a variety of views and theories on the basis of practical experience at home and abroad, study on the criminal law of virtual property system, hoping be benefit to the protection of property.This article mainly carries on the research from following aspects:The first part sort out the basic theory of virtual property. From the definition, the characteristic, the legal attribute and the ownership of the property rights to carry on the limits of the network virtual property. This article main discussion narrows sense's network virtual property, for example, the weapon, the equipment and "the currency" and so on. Through the analysis of the characteristics of virtual property can be seen, the virtual property, although different in the traditional sense of property, but also has the general characteristics of the property in line with the conditions of legal protection. Through the legal attribute on the various points of view analysis shows that virtual property should be viewed as a property. The property view was more interests in line with the needs of protecting the player, but also the times reflect the mutual penetration of property claims.The second part of the basic theory from the perspective of the Criminal Code, introduced the theory of virtual property sector on whether criminal law should be included in the scope of protection of views, from the acts of violation of the social dangers of virtual property, containment against the behavior of virtual property and the reduction of private relief acts discussed in terms of the needs will be included in the criminal protection of virtual property. After the violation of virtual property from the perspective reveals criminal violations of the type of virtual property, the severity of criminal acts, should arouse the concern of the whole society.The third part mainly introduces our Hong Kong, Taiwan and foreign countries'protection of property theory, the law and judicial practice. Comment the point from the view of legislative reference, proposed our country should be rational utilization existing computer-related crime related stipulation, and through consummates the legislation to solve the crime which in the social development newly appeared the question which was unable with the traditional criminal law article to determine guilt.The fourth part in view of our country judicature practice in the processing present situation, finds the problem, proposed the solution way. That is, first of all clearly the legal status of virtual property, the rights and obligations between players and game service provider's and the burden of proof of gaming service providers from the legislation. Next in the judicature must establish the special court or the court jurisdiction cybercrime case, finally enforces the law on must give the coordination, enhances law enforcement officials' specialized knowledge and the skill, strengthens the ability in deals with this kind of high tech crime.