Legal Protection To Internet Virtual Assets By Criminal Law

With development of internet technology, the internet users have been increasing rapidly in China. According to statistics from Pingdom, a Swedish internet market research institution, the internet users in China amounted to 565 million in 2012 and ranked No.1 worldwide. The daily life has been more closely relying on internet-the ’virtual society’. Consequently a new concept came out-the internet virtual assets, which also turned into a new criminal objective. Compared to development of virtual society, legislation of property right of virtual assets is yet to catch up. There are no detailed definitions of its concept, characteristics, scope as well as value determination, which lead to insufficient legal relief and adjudgement. The article will clarify the concept and characteristics of virtual assets, analyze existing legislation status, discuss and give suggestion for how to protect internet virtual assets by conducting criminal law.Besides introduction and epilogue, the article consists of five chapters.Chapter One introduces history of internet virtual assets as well as its concept, scope and characteristics. In terms of scope of legal protection, the interpretation of internet virtual assets in a broad prospective will more favor legal protection to internet virtual assets by criminal law. The internet virtual assets have their own characteristics, which consequently have certain property nature. As a result, such assets are entitled to corresponding protection from criminal law in case of serious infringement.Chapter Two describes two distinct opinions of internet virtual assets protection among criminal law scholars. By analysis of these two opinions, the chapter highlights necessity of internet virtual assets protection.Chapter Three introduces and analyzes existing legislation of internet virtual assets protection by criminal law in other places in China and some internet technology advanced countries. Though definition, scope and regulation of internet virtual assets protection vary in different countries, all countries prefer heavy blow and prevention to infringement of internet virtual assets.Chapter Four gives a briefing on several common criminal behaviors of infringement of internet virtual assets. These behaviors greatly rely on internet technology, and appear to be intelligent and covert. However, according to the existing legislation and adjudgement practice in China, there are no specific legislation and regulation of criminal law about such criminal behaviors. Therefore, same criminal behavior might result in different trial results in daily judicial practice.Chapter Five expresses views on some prepositional topics related to current status of legal protection to internet virtual assets by criminal law in China, such as value determination and legal attributes of internet virtual assets. Meanwhile, the chapter gives suggestions for improvement and channel selection of legal protection to internet virtual assets by criminal law in China from both legislative and judicial ways.