Study On Several Criminal Problems Of Invading Virtual Property

Computers become more and more familiar to people, with the arrival ofinformation revolution, they have became the important social resources, and broughtmany benefits to people, such as convenient, fast, no geographical restrictions. Theyaffects people in several ways in the real life, include shopping service, entertainment,news, traveling.One part is the real social, and another is in the virtual environmentthrough the Internet. But the network is as like as nuclear energy, has two sides, if itwas used by criminals, and the law cannot make response at time, it would becomethe tools for criminals.The criminal behavior via computer is various, some steal the others’ propertyfrom the Bank Card through the network, some infringe others’ right of honor, othersuse hacker, Trojan to steal the account and password which are used formanagement of virtual property, so as to possess the "equipment" and "treasures"hereof. In other words, the network has been threatened, the order has been destructed,it’s necessary to be protected by Criminal Law.Among them, some behaviors can bedirectly carried out according to the provisions of the criminal law norms existing,such as theft, fraud, robbery. Some cannot be applied directly, and different situationsneed to be distinguished for different treatment, otherwise it will seem far-fetched.The behavior infringing the virtual property has caused unprecedented affection onpeople’s daily life and the order of network, it has caught more and more intention ofus. Since the first case of violations of virtual property of network, whether the virtualproperty exists or not, there are different views in the academic fields.Some believe itis the same as the real property, and the provisions of criminal law can be directlyapplied, so as to save the cost of legislation, and adapt to social development quickly,in case of lag of law, while others considered that it has its special properties, they aregroups of numbers which have special meanings in the magnetic stripe entered bypeople, and should not be artificially be equivalent to ordinary property, so thespecific laws or regulations should be enacted on adjusting these behaviors. At the same time, the practice of judgment differs one from another. Some treat it as a crimewhile others do not. Some think it should be a civil case, considering the challenge tocriminal law, and that the behavior is so serious that it needs to be punished bycriminal law.The author thinks, for the increasing amount of such cases have became a trend,it has reached the standard to start the criminal proceeding for the destruction to orderand management of network.Also, to stabilize social order, ensure the judicial unity,safeguard the authority of law, we must have an unified,authoritative conclusion tosolve the problem.Based on the summary of the practice and theory, author want to have a researchand classification on infringement of virtual property. For this reasons, the author willdivide this article into five parts for discussion. The first chapter is the preface,mainly introduces the importance to human life and the situation of crimes viacomputer etc. The second chapter is about the concept and nature of virtual property,because it is the premise to discuss about infringing virtual property for what isvirtual property. The third chapter is the specific behavior of invading virtual property,mainly including theft, fraud, robbery and so on, it also includes the concurrenceabout invading virtual property. The fourth chapter is calculation of the amount ofvirtual property and means of calculation, so the amount is an important standard forcriminal and punishment in our country. Therefore, the amount of virtual property isparticularly important. The fifth chapter is concerning the infringement of virtualproperty in other countries and regions. The transplantation of law is an importantway of making laws, and the good experiences of legal system will greatly shortenthe exploration process itself. Therefore, it is necessary to make the analysis oninfringement of virtual property in other countries and regions.“Rome was not built in a day”, anything is not accomplished at one stroke, legalsystem building is also not a short time to complete.Based on the previous knowledge,we must summarize new situations for promoting the development of things. Then,the author puts forward the superficial understanding,and hope your opinions.