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On The Criminal Law To Protect The Network Virtual Property

Posted on:2013-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y H NiuFull Text:PDF
GTID:2246330395488704Subject:Punishment law
Abstract/Summary:PDF Full Text Request
With the rapid development of network technology, in the virtual world of the Internet, anew type of property-the network virtual property emergence. This property is particularlyemergence in some network game. Owe to the economic development, our country acceleratethe pace of modern to enter the well-off society. Then, people life rhythm accelerate. In theface of all the pressure, more and more people go to the network game world to vent, releasepressure and search for the stimulate. Therefore, various games, upgrade, the net swimsmarket is like a raging fire. The online games development, has brought huge economicbenefits. At the same time, a series of network virtual property crimes also appeared one afteranother, of which the most significant is the infringement of network game virtual propertycrime. At present, our country involves the network virtual property crime cases have beenincreasing and a wide range of." Almost all the social reality of violations of real propertycrime types have appeared." because our country computer in terms of legislation is relativelylittlel and general, China makes the virtual property protection loopholes. Therefore, injudicial practice, in the act of stealing virtual network property is often difficult tocharacterize and punish. Around this one problem, this article talks about the network virtualproperty characteristics and legal evaluation, analysis of whether it should belong to thecriminal law to protect property category, and in combination with the act of stealing virtualnetwork property, this new crime issues to explore a feasibe solution.Besides the introduction, conclusion, is divided into five parts:The first part is case. This part explain the cause of the network virtual property case.The second part is the presentation of the case. Describe the case, and the behavior ofhuman, the results of the cases, the sentence commuted results and reasons.The third part is the focal points of the case. It is pointed out that the case in the trialprocess, caused controversy and trial verdict results for different reasons.The fourth part is the divergence of opinion. In the course of the trial of the case, the firstand second instance court to the crime behavior qualitatively different opinions。The fifth part is the legal analysis and the research conclusion. First of all, in this casethe first issue analysis and demonstration. On the concept of virtual property network,characteristics, and in its legal status was evaluated. On network virtual property involved inthe case to determine the amount of the method were analyzed. Secondly, according to the case of the second focus is analyzed. Based on the analysis of the object in the crime ofstealing and stealing virtual network property way, network virtual property can be the objectof larceny crime, and the judicial practice, stealing virtual network property to determine theamount of relevant considerations are described. Third, combine with the case, on thebehavior of human, determine the behavior of people should be punished for theft.Finally, Inview of the network virtual property protection, the author thinks, should in two aspects. Theyare the legal management and technical standard. On network virtual property’s legalmanagement put forward to perfect the legal advice. On network virtual property specificationfrom the technology to the network game service request.
Keywords/Search Tags:network virtual property, theft, evaluation in law, legal nature, protection
PDF Full Text Request
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