Study On Criminal Law Protection Of Network Virtual Property

New technology revolution promotes the emergence and development of network, and according to related statistics report, by the end of June 2014, China’s Internet population has amazingly reached 686 million, with an Internet penetration rate of 48.8%, increasing by 1.1% compared to that of the end of 2013. The rapid popularization of the Internet is driving the rapid development of Internet industry. Moreover, with the rapid development of network science and technology, the Internet has penetrated into all fields of people’s life, changing people’s way of life and social relations gradually. At the same time, the connection and the shopping way without going out and the rise of the Internet industry and prosperity also give people a new thing different from traditional property-network virtual property. The development of network technology promotes the network virtual property, and in turn, the network virtual property promotes the further prosperity and development of Internet industry. However, it also comes along with many negative consequences. The increasing of network virtual property crime seriously affects the development of emerging industries, such as online games, and causes serious damage to the stability of the network operation order. Moreover, it does serious harm to the real social order and brings potential negative energy to social stability. However, unfortunately, there is no specific terms and conditions about network virtual property protection in current laws of our country, which leads to such questions as its legal status, application and whether the legal protection should be given to it. There is a controversy in the academic circle and the judicial organs.Based on the thinking of the controversial views, this paper is in favor of the powerful criminal law protection to network virtual property. This paper begins with the concept, characteristics and the legal attributes of network virtual property, which leads to the necessity and feasibility of the protection of the criminal law of our country, and further expounds the status quo of network virtual property protection both at home and abroad and the problems in our country. Based on this analysis, drawing foreign experience and combining it with China’s national conditions, the direction to the network virtual property protection of China in the future that we should focus on is raised, in order that the criminal law protection on network virtual property of China can be further supplemented and perfected.In the first part of this paper the network virtual property is summarized. It mainly expounds the conceptual meaning, classification, characteristics, legal attributes and property attributes of network virtual property. Through the above explanation, it mainly illustrates what is the network virtual property and its classification, and expounds its vitality, dependency, deadline, objectivity, and other characteristics. Its new property attribute is illustrated through the discussion to its legal attributes and property attributes. The second part of this paper mainly tells the necessity and feasibility of criminal law protection to network virtual property. In the new era, with the rapid development of social network industry, network virtual property crime is rampant, yet existing techniques is not enough to the efficient protection of network virtual property. Coupled with the need of the social stability, it requires that the criminal law protection of network virtual property must be carried on. At the same time it also conforms to the inevitable requirement of social development. And with constantly improved social environment in the socialist legal system, it is feasible for the establishment of the criminal law protection of network virtual property, which is in line with the modesty principle and protective benefit principle of criminal law. The third part of this paper discusses the present situation of network virtual property protection at home and abroad. First it analyzes the United States, Japan, Germany, Korea and other foreign experience to the criminal law protection of network virtual property, analyzing their reasonable approaches, and then discusses the defects and deficiencies in the legislative and judicial level of our country to protect network virtual property. In the fourth part of this paper the network virtual property infringement behavior is discussed. This paper discusses the situation and characteristics of network virtual property infringement, deeply showing the complexity and diversity of network virtual property infringement behavior; It also illustrates the non-conventionality of the behavior object; Behavioral agents are mainly teenagers with a younger-age feature. Behavior is deliberately subjective; Behavioral patterns have strong concealment and high intelligentization; there are dual attributes of both virtuality and reality in behavior space. The fifth part of this paper mainly elaborates the author’s suggestions on criminal law protection of network virtual property. In the legislative level, the successful experience of other countries should be used, to achieve the "Another’s good quality or suggestion whereby one can remedy one’s own defects", exert the function of the legislative interpretation and include the network virtual property in the criminal law protection range. In the judicial level, the promulgated judicial interpretation, clarification of committed and uncommitted network virtual property crime, determination of reasonable network virtual property value measurement and settlement of evidence collection difficulty in the investigation process are carried out to strengthen the network virtual property protection.The author hopes that the discussion of this paper can bring some enlightenment to the broad scholars, cause everyone’s attention to protect the network virtual property, gives better protection to the network virtual property protection, and to further improve the socialist legal system in our country, so as to better promote the development of the Internet industry and contribute strength to realize the beautiful Chinese Dream.