Legal Analysis Of Meng Dong And He Li Kang Network Theft

This paper analyses the case is about the network virtual property theft case in a law firm internship collected, cases occurred in the time long from now, the network virtual property is also familiar with the topic, but it reflects the problem is severe. The investigation, trial process in the whole case, judicial organs in cases of suspect whether it constitutes a crime, what constitutes a crime are studied and discussed repeatedly, the combination of domestic and international experience, the crime of theft. Virtual property cases involved the legal nature is special, aroused great controversy law circles of our country.China has entered the era of Internet, people’s life and work is closely related with the network, in this virtual society, Internet users have a virtual identity, their scope of activities, social circle. The network provides a fast, convenient way to communicate to people’s life and work, meet the people spiritual pleasure, but also to the outlaws an opportunity, the network crime brings much trouble to people’s life, especially in recent years network to steal virtual property cases brought great harm people’s daily lives. In this paper, through the analysis of dynamic, where the Regency network theft of Meng law, points out that because of the legal position of virtual property does not have a uniform standard, there is not a conviction, different codefendant bark, a lot of virtual property is not protected by law. The author take out to share with everyone, and then put forward some suggestions, in order to provide some valuable theoretical basis and decision-making reference for dealing with similar cases in the judicial organs of china.This paper is divided into the following parts:the first part, mainly introduces the case, through the introduction of the case and the court according to law, the focus of controversy triggered positioning is the virtual property, as well as the case involving the crime with the non-crime, this crime and other crime, criminal law and civil tort applicable etc.. Analysis of second part of the main legal problems on the various viewpoints, the legal status of the virtual property is not allowed, all over the court for such cases also each are not identical, some fixed theft, some violation of freedom of communication, also some will violate copyright crime, also some damage to computer system information crime. The author analyzes the various charges from two aspects of positive and negative, which give the reader more thinking space, but also reflect this kind of case has attracted the attention from all walks of life. The third part mainly analyzes the reason for judgments of similar cases is not one of this phenomenon, and then puts forward the need of judicial interpretation of the legal position of virtual property and the strengthening of the perfect case guidance through the typical case, select the appropriate charges, increase the criminal protection of virtual property.