The Legeal Protection Of Virtual Property

With the development and popularization of network technology, the network game industry is developing rapidly, and it has become one of the new bright spot of economic growth in China. At the same time, the world is divided into the real world and the virtual world by the Internet. The Network shortens the distance of people, but also brings many negative effects. Virtual property is a product of the network, and a development imprinting in the information age. With the emergence of virtual property, related crime actions also emerge at the same time. Virtual property infringement cases occur from time to time and they have done serious harm to the social order. There is a great dispute in our country of whether the virtual property belongs to the traditional property, whether it has the value of the property and how to deal with these cases. So there is a big loophole in the criminal law protection of virtual property. Therefore, we hope to find a suitable way for the legal protection of virtual property at the basis of learning from foreign experience and the real situation of our country.In this paper, the first chapter is about the overview of virtual property. It is mainly about the origin, concept and characteristics of virtual property. It tells us that the virtual property is a kind of network information which exists in the specific network virtual space and has legal connect with realistic social relationship. The virtual property has the character of objectivity, dependent, time limiting and virtual. The second chapter is mainly about the legal nature of the virtual property and its value. Through analysis and comparison, the virtual property mainly has the theory of positive, negative and difference. That virtual property has no real property value, and it is essentially a set of electromagnetism record with multiple properties, and it is just the external form of information network. That makes us realize that the network hardware and software environment that base on the virtual property is the human participation and creation. It can produce social relations, and it should be incorporated into the legal protection. The third chapter mainly introduces the types and characteristics of virtual property infringement. It tells us that the behavior of virtual property infringement includes action and no action. In the perspective of game player, we divided the action into virtual space and realistic transformation type. In the perspective of game operator, the no action means the criminal violations of virtual property is virtual continuity, intelligent, crime concealment and virtual space. The fourth chapter mainly discusses the current situation of criminal law protection. We make a comparison between the other countries and regions and China about current criminal law protection of virtual property. We find that there is a big gap in our legislative and judicial protection. So we should take reasonable reference according to our actual conditions. The fifth chapter expounds the necessity and feasibility of protecting the virtual property by criminal law and the serious social hazardous nature of the behavior of violating the virtual property. We recognize that the object of criminal law protection is the law order of virtual property. The sixth chapter is mainly about the criminal law protection mode of virtual property, and tells us that virtual property is the external manifestation of information network. People regard information cyber source as a collection of new crime object. This paper raise some modification suggestion on article285th,286th of the criminal law in order to protect the virtual property more reasonably and more legitimated.I hope that the discussion of the criminal law protection of virtual property can brings us more inspiration, helps us protect the virtual property more effectively, and maintain the network security.