Legal Analysis On Theft Internet Virtual Property

The quick development of technology has changed our life. During the meeting of NPC and CPPCC in this year, a new concept “Internet Plus” has been raised. That means Internet will play a more important role in allocation of production factor. We should make newinnovative products of Internet integrate with every field of our society to promote creativity and productivity of economics. But in reality, the government faces many problems such as: legislative lagging of network crime, the mismatching between crime and measurement of penalty. Lacking of relevant legislation results in more theft online and high crime rate. On the basis of these problems many scholars have done researches on the property attribute and legal attribute of online virtual assets. Without unified standard it’s hard to protect people’s legitimate interest in dealing this type of cases. This problem has attracted high attention in many countries including China.This paper including the following parts: Firstly, property attribute of online virtual assets will be analyzed. With the widening of substance concept, people have accepted the economic value of intangible property like intellectual property and claim. As a newly developing product, online virtual assets have economic value and the owner has the rights of occupation, using and earning. But their legal attribute have not been ranked into the legislation because of the lagging of law. However, it’s undeniable that online virtual assets have the property character in law thanks to the development of online games and trading platforms. According to analysis on property value and legal nature of online virtual assets, the author thinks that theft Internet virtual property is larceny in criminal law. Then the manners, characteristics and difficulties(figure and pattern) have been discusses in identifying theft Internet virtual property. On the basis of legislation at this stage and three kinds of crime, the handles in many countries from civil law system and Anglo-American law system including Taiwan. Finally, the author gives some relevant suggestions in perfecting cyber law in China. In our country, the legislative interpretation of online virtual assets is still in the stage of immature. The judicial organizations can make legislative interpretation according to the actual requirement which will guide judicial practice effectively. Age range and criminal corpus of online larceny should be enlarged including juveniles between 14 and 16 years old. Meanwhile, on the basis of amount, times and consequence online larceny can be divided into slight illegal act and criminal act. Furthermore, the criminals who cause horrible consequence should be deprived freedom, fines and the rights of using internet.