The Research Of The Criminal Law On The Issues Of Theft Of The Online Game Virtual Property

With the development of the technology and the generation, online game has gained worldwide attention. The wide use of personal computer is making it to be an entertainment as movies as well as TV shows do in our daily life. While the most fields of industry had a shock during the global financial crisis, the online gaming industry didn’t suffer a lot from it but grab a rare chance to make a great progress which has already being an indispensable part of the socialist market economy. However, the behavior of stealing virtual property of the online game is growing as well. Unfortunately, our existing laws doesn’t stipulate relevant behaviors and what the online gaming virtual property is as well and that has hindered the development of the industry. In summer, this article is devoted to analyze what is online gaming virtual property and it’s nature in law. Furthermore, it will discuss the feasibility and necessity of making behaviors of stealing online gaming virtual property criminalized, with the attempt to establish a legal system for it. The article is divided into three parts:Chapter one, describe the concept, features and manifestations of the online gaming property to make a deeper investigation of the stealing behaviors. This article makes it clear that the certain behavior has an inherent feature of criminal law through teasing out several disputing academic opinions and come to a conclusion that the online gaming property should be under the protection of criminal law.Chapter two has three elements, the first one contains three aspects: 1. Serious anti-social behaviors in action of theft encompasses online gaming property; 2. The criminal law should protect the orderly development of online gaming industry; 3. The protection of traditional property has a natural extension to online gaming property. All these above come up with an issue of solving the problem of online gaming property theft. The second one explains the reasons why the expanding interpretation which fits the principle of legality can be adapted to the criminalizing issues as well as the superior institutional environment. The last one will arrive at a conclusion through a classification and definition. Then the operability and practicality of legal regulation of the certain behaviors will be on the way.Chapter three focus on the differences between our related legal regulations and the foreign ones. The article is going to probe into some innovative efforts due to the premise and the experience of the foreign legal regulations along with the theoretical and practical experience. The article also addresses the author’s views and advice. To make the legal regulation improved and perfect, the article comes to a conclusion: regulate the behaviors of stealing online gaming property through the criminal law, either by the legislative interpretation or the amendment to the criminal law, or both, in the item of theft. No need for a separate crime. Besides, it will be helpful to establish a third-party electronic evidence libraries as well as a better value-evaluation mechanism to enhance the protection of online gaming property under the criminal law at the same time.