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On The Nature Of Virtual Property And Criminal Law’s Perfection

Posted on:2014-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2256330401978090Subject:Law
Abstract/Summary:PDF Full Text Request
With the advances in information technology, the network has been more andmore popular. The Internet providing people with new, convenient way of life, andgave birth of virtual property at the same time. Academically, virtual property is not adefinite and clear concept of its connotation and extension, forming three distinctpoints of view: narrow, generalized and Pan sense. The virtual property is present inthe network, as the carrier of electronic data, and to meet the people’s interests andneeds of non-materialized form of property, including but not limited to weapons,equipment and other virtual goods in online games,.The debate on the virtual property in Criminal Law was on the propertyattributes. Opposing points of Scholars was deferent from the essential characteristicsof virtual property, the value of the property, the existence and the social impact ofvirtual property attributes. The legal characteristics of the property need to be clear.Virtual property with the usefulness of the property, disposable, scarcity, trading andother basic properties, and distinguish with other similar concept of propertyHowever, virtual property has not been well characterized in China’s legislativeand judicature. The processing and referees of infringement of virtual property crimeare not uniform, had an impact on the operation of the criminal law. Propertyconviction and sentencing is clearly more reasonable to crimes against virtualproperty in comprehensive comparison of judicial practice. In the context of virtual property in the property to its peer protection to the existing criminal law provisionssuch as theft, fraud hands infringement of virtual property should be to give convictedand punished in accordance with the corresponding charges of the current criminallaw.The protection of virtual property was nearly blank in China’s legislativecriminal law. Judicial practice has made some useful attempts to solve the problem ofvirtual property disputes. China, a statute law country, would solve the fundamentalproblem of the protection of virtual property only through legislative means. Chinashould from the judicial interpretation of the amendment to the legislation aloneprogressive mode to complete legislation of virtual property, and graduallyestablished evaluation criteria of evaluation of the virtual value of the property.
Keywords/Search Tags:Virtual property, Protection of Criminal Law, Property crime
PDF Full Text Request
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