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The Regulations Of The Criminal Law On The Behavior Of Stealing Virtual Network Property

Posted on:2016-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ZhangFull Text:PDF
GTID:2296330479978292Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years, online game property theft, QQ number, increasing game account phenomenon, cause the attention of the society more and more and more calls for perfecting of stealing network virtual property regulations in criminal law, solve the network of stealing network virtual property in question.For the meaning of online virtual assets, academia have four kinds of theories, the theory of broad, general said, special and difference. Generalized said, is in order. graphics, graphics, and so on a lot kinds of methods, players can be independently to possess, utilize, profit from and dispose and use real money to measure an electromagnetic records. It types mainly include virtual property in network games, virtual currency and communications network registration number.China’s current criminal law about network virtual property theft behavior without specific rules, such property attribute of network virtual property laws, theft of qualitative has a different opinion. On virtual property theft cases,the practice of criminal justice process is different. In the concrete practice, the handling of cases of stealing network virtual property is the basic four ways: behavior will not be put on record of stealing network virtual property, theft, or according to the corespondence freedam encrochment crimo, cemputer infarmation systom crime convicted and punished. At the same time,the caurt in the caurse of handing cases, the amaunt of the virtual property theft is often difficult to detemine. Clear stolen value of network virtual property has become a big problem in the judicial practice. These problems have seriously interfere with the judicial order, making the legal property rights and interests of Internet users is a lot of harm. The urgency of the reality and legal lag makes we need to criminal law on the behavior of regulation.Relative to the defects of legaliztion and judicoture, extraterritorial criminal law regulation relatively perfect on this problem. Most of them the property attribute of network virtual property, established a real property and it has the same legal status, but also made the corresponding provisions on network virtual property crime criminal law. On the basis of according to actual situation, perfect the criminal law regulation of stealing network virtual property behavior. First clear the legal attribute of network virtual property, that is, it belongs to the legal protection of property, to determine the behavior of steoling network virtual praperty belong to the category of the criminal law, and according to the theft. Second, according to the amount of stealing network virtual property recognized problem, with reference to the amount of theft identifying proposed the amount of stealing network virtual property. In the end, will also implement the above Suggestions through various channels,promulgated explanation of criminal law and criminal law amendment of steoling netwark virtual property of comprehensive regulation, make up for a lack of regulatian of the criminal law.
Keywords/Search Tags:Network virtual property theft, Crime of theft, Criminal law regulation
PDF Full Text Request
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