Study On Criminal Regulation Of Network Virtual Property

With the development of high-tech, internet is becoming more and more importantin our life. Nowadays, the Internet has become the essential tool for people’s live andwork, which also stimulated the booming online game industry. Meanwhile, virtualproperty violation cases take place frequently, coupled with the emergence of a series ofnetwork disputes, which not only troubles people’s daily life, but also has a seriousimpact on the healthy development of online games. There is no provision of virtualproperty in the current law, and the theoretical study of the network virtual property isstill in its infancy. Due to the blank of the law in this aspect, it seems a little powerlessto use traditional theory of criminal law and criminal legislation to regulate violations ofthe virtual property. Negative evaluation of the violations of the virtual property notonly protects the private property of citizens, but also updates the criminal law theory. Iteven can meet the needs of the existing judicial practice.Based on the existing theoretical research both home and abroad, and the latestdevelopment in the online game virtual property issues related to research, and also ourcountry’s national conditions, this paper aims to analyze the concept of virtual property,its feature and nature, and the necessity of including the violation of virtual propertyinto the adjustment of criminal law. This paper also attempts to put forward practicalsolutions to provide a reference for our legislative and judicial practice based on theplight of the protection of property process.The body of this article is divided into three parts. Starting form defining theproperty of the virtual property, Part One analyzes the concept of virtual property, itscharacteristics and legal attributes, and defines the connotation and extension of thevirtual property. Due to the absent provision of virtual property in the existing criminallaw, the second part analyzes whether handed over to the civil law to be adjusted oradjusted the application of criminal law towards violating the virtual property, anddemonstrates the infeasibility of adopting China’s current civil laws and regulations toserious violations of the virtual property. Part Three analyzes the actual problems inprotecting the virtual property in our country, and attempts to provide some relevantsuggestions on legislation and judicial practice of virtual property.