| The continuous development of computer network technology brings a lot of fun and convenience for our life, but at the same time it brings new problems to the society too. In field of Justice, the development of computer network technology makes the object of property crime become more and more diversely, complicated and virtualized. How to protect public or private property more comprehensively and timely has become a new task facing both theoretical cycle and practical cycle. In this paper, by way of case study, illegally obtaining of network virtual property in present judicial practice has being analyzed and discussed.The full text is about 20000 words, and mainly divided into the following several parts:The first part is the fundamental state of the case, including the causes of action, the case introduction and different opinions. In allusion to identification of the nature of the case and different opinions about how to deal with it, the writer summarized focus of controversy, mainly including how to confirm the nature of behavior of illegal obtaining of network virtual property, the calculation of crime amount, and the cognizance of accomplice in this case.The second part is jurisprudence analysis. The writer analyzes the nature of network virtual property first, considering the network virtual property will be divided into two categories in conception, in general and in narrow sense. But the writer thinks that only in narrow sense network virtual property may have property attribute, and on this occasion it becomes the property of the criminal law sense, therefore it has the necessity of the protection of criminal law from the perspective of property rights. After that, combining with computer programming principle, the author analyzes the process of network virtual property in network computer technology level, thus it is concluded that the network virtual property essentially is sort of authorized code certificate which is obtained from the game program operation but also relatively independent of the network game program. It belongs to network game users, storing in the network game server of the operators, and have right to demand further procedures and functions in the game program. Then, the author discusses legal attribute of network virtual property based on its physical properties, coming to a conclusion that the network virtual property is a new type of intangible thing, but it represents that the network users own sort of creditor’s rights against network operators, which means the legal sense of property, and based on that, it is concluded that the object illegal obtaining of network virtual property infringed upon is complex, namely public or private property ownership and the safe operation management system of the computer information system, thus further analysis of illegally obtaining of network virtual property step by step, it is concluded that the destruction of the computer information system and illegal obtaining of network virtual property has relationship of absorption, which constitutes the crime of absorption. Then the matter is how to determine the accusation of the joint crime. Combining with theory of status crime in criminal law, the author ascertain the qualitative principles in joint crime of those with status and those without status. Finally, it is the matter of cognizance of the crime amount. The amount of crime should be identified according to actual value of network virtual property, combined with stipulations formulated by determine institution of the organs of state administration of taxation about the original value of the virtual currency, the author hope to establish and perfect the system of our nationwide network virtual property value assessment, determine value appraisal institution to provide strong support for the network virtual property protection.The third part is the conclusion of this case study. According to conclusion of jurisprudence analysis, behavior of illegal obtaining of other’s network virtual property will be confirmed as misappropriation. Mr. Wang etc three persons constitute of the accomplice of this joint crime. And it confirmed that the crime amount is seemed as the illegal income of the three persons of Mr. Wang, if the victim is able to provide the evidence of actual loss, the actual loss of SHENGDA networking company should be considered as one important circumstances of sentence when the court make the measurement of penalty.The fourth part is the revelation of study to the case. The author thinks that network virtual property in such case should be treated as property in criminal law, and put forward to using the experience of South Korea to establish value evaluation system of our country to establish and improve the protection system of network virtual property. |
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