| With the development of computer information technology and Internetapplications, the development of science and technology is human progress, but theattendant computer crimes have become more and more serious.In recent years, thevirus, Trojan destructive programs such as the network of virtual property theft casesin judicial practice gradually, but because of its jurisprudence makes the difference inthe theory circle and practice circle was confused, so this article to this kind of crimeto do some superficial analysisIn this paper, except the introduction and conclusion, consists of four parts:The first part introduced the merits of the case, the judicial practice in thejudgment, and then by case qualitatively some disagreements, draw the two issue:whether the virtual property theft crime?Whether the defendant constitutes a crime?The second part around the first issue, first of all from the virtual propertygeneration, concept, feature sets out, around the legal attribute of virtual property,virtual property should be demonstrated as the criminal law in the sense of "property"to be adjusted and protection; and then through the network of virtual property theft ofSecrets and the determination of the amount of legal analysis, combined with the theftthe requisites to constitute a crime, the act of stealing virtual network property shouldbe regulated with larceny.The third part around the second controversial focus, "panda burn joss sticks"case of the defendant’s criminal behavior analysis as the basis, combined with the fourdefendants in criminal in common intention, common behavior, it is concluded thatthe case of joint offence in controversial issues of the conclusion.The final part of the first two portion of the wrap, is a network of virtual propertytheft crime should be crime of theft conviction and sentencing; two is "panda burnjoss sticks" in the case of crime problem gives the author’s conclusion.This is just the use of viruses, Trojans and other destructive procedures ofstealing virtual network property problem in the previous basis, their understanding ofreflection, but also very not mature.Just want to through their own opinion, let moreprofessionals to consider the argument of this kind of crime related issues. |
