Analysis On The Network Theft Case Of Meng Dong And He Likang

Virtual property, as the manifestation of property rights and interests in real life,should be protected by the criminal law when others violated the legitimate interestsand infringed the relevant provisions of the penal law through illegal means. We canexplore virtual property from the value of property, and the rationality and need forprotection by criminal law. Due to the fact that virtual property has the exchangevalue of the real world that can be estimated by money, and is also a form ofelectronic data that requires disk space. It can be concluded that the virtual propertyand real property rights system are compatible, the virtual property is included in theproperty rights system, and it is possible for virtual property to be adjusted by the ruleof law in reality. In the case of infringement of virtual property and meeting theelements of the crime, the violator must be regulated by the law in order to protectcitizens’ legitimate property rights and interests. First of all, violations of the behaviorof the virtual property have serious social harm, which shows the necessity ofinvolving criminal law. Second, virtual property protected under criminal law, hasimportant significance to the protection of the legitimate rights and interests of theplayers and the healthy development of the game industry. Finally, the use of criminallaw to protect virtual property is an important manifestation of criminal law functionsand tasks. At the same time, using the criminal law to regulate the behavior of thevarious types of infringement of virtual property is in line with the principle oflegality in criminal law and modesty theory.Actions of theft of virtual property are consistent with the constituent elementsof theft, therefore it is reasonable to judge it as theft. And from the subjective aspectsand objective aspects like behavior, it does not meet the crime of destruction ofcomputer information systems. The value of the virtual property should be determinedbased on the specific circumstances of the case with specific analysis by the use ofdifferent standards and classifications. For the virtual property that has beenconfirmed in its transaction price, its value can be determined by reference pricingbetween gamers; for the virtual property that has not been confirmed in its transactionprice, can be divided into two cases: one is the virtual goods that has been offered forsale, its value can be calculated in accordance with the actual profit-making. Theother is the virtual property that has not yet been for sale, its value can be determined by the relevant departments under the socially necessary labor time or cost of inputs.When the network theft has been identified, it is reasonable to judge from the aspectthat whether the stolen property has been set aside the accounts of the victims,because it is firstly in line with the concept of criminal law in the harmful results, andsecondly in line with the intentional meaning in the elements of theft crimes.