Research In Criminal Law Protection On The Online Game Virtual Property

Virtual property started to enter the lives of more people with the rapid development of game industry, and even began to play an important role. People’s strong awareness of virtual property rights advocates increasingly. Endless violations of virtual property reflect serious social harm. But such acts can’t be effectively regulated by criminal law due to the absence of the existing legal system. How to use the criminal law to protect virtual property has become an important issue of common concern to the community facing with the rise on the Violation of virtual property in recent years. But academia are not able to reach a common point of view on how to define virtual property, how to establish criminal law protection system, how to identify the value of virtual property and other issues, which has become a obstacle of the legislation. The author started the explore around these disputed issues above then gives an analysis of the criminal regulation issues on online game virtual property from the perspective of the legislation and made specific suggestions on the establishment of legal protection system of virtual property.Except for the introduction and conclusion, this article is divided into four chapters.The first chapter focuses on the character of virtual property which is the most disputed issue of virtual property after a brief introduction on the concept of virtual property and the development and characteristics of virtual property. Then reached a conclusion that virtual property belongs to the legal sense of the property and belongs to the type approved by the criminal law, violations of virtual property can be regulated by traditional criminal law’s provision on protection of property.The second chapter is based on the basic theory of criminal law. The serious social harm caused by the violations of virtual property provides the justification of getting criminal law involved in, and then a detailed analysis was taken about the necessity and appropriateness of criminal regulation on virtual property combined with the principle of Criminal Law, the principle of legality of criminal regulationThe third chapter is a comparative study of Chinese and foreign on the status of the criminal law regulation, which covers the conservation status of virtual property criminal regulation about common law system countries and civil law system countries, as well as Hong Kong and Taiwan. In analyzing the domestic situation of China’s existing laws,regulations related to the protection of virtual property are briefly combed, and made the selection of judicial practice different types of representative virtual property cases, summarizes the shortcomings of current criminal law in the protection of virtual property areaChapter four, the establishment of virtual property protection for our system of criminal law system made recommendations on the one hand the criminal law can be taken at this stage adaptation of progressive legislation mode conditions, legislative interpretation and judicial interpretation of the way the virtual property identified as a criminal law sense property, on the other hand, to improve the other branches of law, and criminal law to achieve synergy protect virtual property. Finally, the author proposes innovative computing the amount of virtual property crime multilevel comprehensive evaluation, designed to evaluate the behavior of virtual property infringements, provide a reasonable basis on better distinguish crime or sin.