Criminal Study On Plug-in In Online-games

In recent years, the online-games industry is quickly developed inChina. Online-games become a main kind of entertainment, which acceptedby more and more people. However in the shadow of this industry, therestill lies some problems, which including the legal problems from thePlug-in In Online-games. This paper will focus on the analysis of how thecriminal law regulation of several harmful behavior of “Plug-in”, inorder to fully play the function of the criminal law protection of legalinterests.This paper consists of introduction, text and conclusion, and the textis divided into three parts.The introduction mainly introduces the cause of writing.The first part is an overview of the issues of the “Plug-in”, whichincludes its meaning, development in China, reasons for its formation,and distinction between “plug-in” and “private server”. Throughclarifying the concept, principle and cause, classify the “plug-in”into static type and dynamic type, which lays the foundation for laterdiscussion.The second part mainly analyzes the serious social harmfulness of“Plug-in” and the act of developing or diffusing “plug-in” may becriminal. On the basis of this analysis, combined with the static and dynamic classification of “Plug-in”, we can discuss that the act ofdeveloping, diffusing or using plug-ins is a kind of tort or may becriminal.The third part talks about the criminal legal basis about the fightagainst “plug-in”. Main ideas includes: the behavior that illegalaccess “the communication packets of online-games between clients andserver-side which includes data structure, content, and the encryptionalgorithm” should be identified as crime of infringement of commercialsecrets; the behavior that developing and selling illegal “plug-in”should be identified as crime of illegal business, applying the15thprovision of the explanation of illegal publications; the behavior thatselling illegal “plug-in” who knows should be identified as crime ofillegal business, applying the15th provision of the explanation ofillegal; the behavior that using malignant “plug-in” should be criminal,but there is no appropriate provision in criminal law.In the conclusion part, Reaffirming that the harm behavior of“plug-in” can and should be involved in criminal law, and puttingsuggestions to perfect the Criminal Law: In behavior of "plug-in" whichshould be criminal, for the behavior of for-profit, regarding thelegislation spirit that we should give priority to the protection of thelegitimate rights and interests of copyright and the nature of thebehavior, destroying the technological protection measures should becriminal as crimes of copyright infringement; For the behavior ofnon-profit, we should draw lessons from the “criminal law” of Taiwanregion which adding the36th chapters that is called “legislation chapterof computer crime”, and the “Convention of network crime” establishedby the European Union, which states that “the behavior that unauthorizedapplication of inputting, modifying, deleting or hiding computer data,which can be Producing non-credible data, and using the data as credible data in law application, can be identified as crime.”, and establish“crime of interfering computer or related equipment” in the criminallaw, in order to fight against the behavior of “plug-in”.