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Study On The Behavior Of Obtain Virtual Currency By Technology Vulnerabilities

Posted on:2015-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2296330434950690Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the appearance and development of network economy, the cases involvingthe network virtual currency are frequently occurred in reality. How to deal with thebehavior of using the technology holes violation of virtual currency property. It is stilla difficult issue in Chinese Criminal Legislation. What’s more, judicial practice is alsodifficult to have an appropriate punishment to this kind of behavior. To accuratequalitative of this kind of behavior is good for blowing the crime of networkinfringement of the property, especially for the technology holes violation of virtualcurrency property.Virtual currency is not the real currency, but it has a certain value, anddifferences from other types of currency. Recently, with the development of networktechnology, and the widely utilization of the e-business, the types and scopes ofvirtual currency are constantly expanding. The behavior of using technology to accessa virtual currency loopholes refers to the act of using network technology is notmature in the process of electronic trading for the purpose of illegal possession. Thisbehavior includes three parts: behavior subjects (using the technology holes), thebehavior contents (using the technology access) and behavior objects (virtualcurrency). The behavior of using technology to access a virtual currency isconcealment, its means has particularity, the purposes unity, and the subjects high IQquality. What’s more, this kind of behavior shows its different in the types ofperformance. It can be divided into the behavior of accessing a virtual currency bydirect utilization technology, and the behavior of accessing a virtual currency in theindirect way.Now, there are different views on this kind of behavior. Such as, the views ofstealing, destroying computer information system, embezzlement and unguilty. Theseviews all hold that the behavior of using the technology holes to obtain virtualcurrency belongs to crime. But each view can’t generalize various forms of thisbehavior. So, it simply focuses on one point, but could not to make an accuratedefinition. In order to define this kind of behavior correctly, there is a need to clarify sometheoretical problems: whether virtual currency belongs to the property, whether itcould as the object of crime against property. What’s the definition of secret theft oflarceny and how to distinguish the crime of fraud.To comprehend the behavior of using technical bugs to access virtual currencyshould distinguish different forms of using technology gaps. It can be divided into: thebehavior of directly using technology to access the virtual currency loopholes and theindirect way. Through the analysis of these concert forms, this thesis tries to have amore accurate comprehension of this kind of behavior.
Keywords/Search Tags:Virtual currency, Using the technology holes, Larceny, Crime of fraud
PDF Full Text Request
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