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Study On Virtual Property Crime Regulation In China

Posted on:2014-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:B Y GuFull Text:PDF
GTID:2256330401981114Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the rapid development of modern science and technology, the invention of theInternet has been widely used in each field of the society, the information societyenvironment has been gradually shaped, and it brought great convenience to people. However,the Internet crime in the increasingly rampant, especially emerge in an endless stream ofvirtual property crime network game, the sharp increase in the number, the economic losscaused by the huge number, a variety of means. Judging from the present situation, ChineseInternet crime laws and regulations is relatively small, and the system is imperfect, in view ofthe virtual property criminal law is scanty, the current law in this aspect in our country lagsbehind, making some criminals using blind these legal rules, and to escape legal sanctions,serious harm to the Internet in people’s property rights and other rights, and even the societybrought serious harm.This first part introduces the concept of virtual property, virtual property definition,content, nature, characteristics and classification is clear, and the legal attribute of virtualproperty made the appropriate description. Thereby extending the concept of virtual propertycrime, characteristics and legal nature, are defined and clear characteristics and classificationof virtual property crime. The second part mainly analyzes the present defects of virtualproperty crime and lack of regulation, based on the analysis of the theory on the existence ofthe dispute, pointed out that China’s criminal law on crimes involving virtual property inlegislation problem, followed by an analysis of the serious flaws in legislation lead to inpractice the judicial identification of the plight.The third part introduces the foreign criminalviolations of virtual property legislation and judicial processing method, then introducedHongkong area and Taiwan area for the current regulation and legislation of virtual property,by comparison to arrive at our country should be how to get out of the current predicament ofvirtual property in the regulation. The last part demonstrates the appropriateness andprotection by means of criminal law to regulate the virtual property, and how to solve theproblems in the legislation, and the interpretation of the legislative interpretation and judicialtwo ways should be how to flexibly use issues, the author puts forward the idea.
Keywords/Search Tags:the crimes of virtual property, cyberspace, value analysis, construction of law
PDF Full Text Request
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