On The Criminal Law Protection Of Virtual Property

July19,2012in Beijing, The China Internet Network Information Center (CNNIC) issued "the30th China Internet Development Statistics Report"(hereinafter referred to as the "Report"), It show:As of the end of June2012, the number of Internet users in China reached538million, an increase of24.5million more than in2011, while the Internet penetration rate increased from38.3%in2011to39.9%. At the same time,"the report:As of the end of June2012,331million online game users in China, a year-on-year growth rate of2.1%. Such a large data undoubtedly show us in technological development, the Internet has become an integral part of people’s daily lives. It not only a tool to get information to the world,but also it rich people spiritual life. However, With the development of internet, network virtual property is bring confusion for people. Network virtual property belonging to our civil law on the property, and whether it should be protected by the criminal law, there is controversy in our theory community. This article attempts to explain its property attributes from the network virtual property the fact that the value of the property and the value of property. As network virtual property with property attributes, in order to research network virtual property crime criminal regulation and make up for the gaps in research in this area.This article is divided into the text is divided into three parts.The first chapter:Criminal Justice Status and doctrine overview, this chapter is divided into two. First, to explain the basic situation of the network virtual property in the field of criminal justice and to specific description from the provisions of the legal protection and judicial practice. Secondly, Introduction domestic the doctrine profile virtual property crime, as well as extra-territorial overview of virtual property crime.The second chapter:"property" of virtual property, this chapter is divided into "the fact that the property of the network virtual property" and "network virtual property value from property." Semantic network virtual property, the affirmation of the value of the virtual property trading, scarcity, and reality to explain the fact that network virtual property from property; affirmed the value and use value of virtual property for the civil recognition network virtual property claims property real right attributes provide a basis, in order to demonstrate the necessity of the network virtual property.The third chapter:"network virtual property crime criminal law applies This chapter illustrates the behavior of virtual property crime as well as network virtual amount of property crime identified. In this chapter, I have a brief analysis of the current situation,"Major network virtual property crime behavior and network virtual discussion identified by the amount of property crime.The purpose of this study is to:departure from the network virtual property in criminal justice status quo as well as the doctrine position to understand the network virtual property in our current system, as well as the plight theoretically proposed property attributes of virtual property in civil and criminal law to protect the network provide the basis for virtual property. Ultimately, to explore the behavior of the network virtual property crime, as well as the amounts recognized.