Research On Legal Attribute And Amount Of Virtual Property

Virtual property as a new property produced in cyberspace and attached to the network game existing, if the game players want to obtain,they have to paying real money. virtual property can be formed and the property rights of the real world of consideration, is a form of property rights. The property of the virtual property is protected by criminal law, crime of infringement of virtual property shall be paid by the criminal law to regulate. A question about the legality of the virtual property from property nature of virtual property and protected by criminal law need two aspects were analyzed. First of all, the virtual property has the scarcity, has the use value and exchange value of dual attribute, the ownership of people enjoy the absolute control and control of virtual property, virtual property property decides the essential characteristics of it should be included in the property rights protection system. Second, the protection of virtual property is necessary and realistic necessity of virtual property infringement crimes against the development of network game industry, is not conducive to the healthy growth of the Internet environment, is harmful to the serious and extensive influence. At present, China’s existing laws and regulations on the protection of virtual property is in a state of blank, growing about virtual property crime in the crime rate, high crime rate and legislative blank formed a sharp contrast. Acknowledge the legitimacy of the virtual property status, the use of criminal law to punish violations of virtual property crime is imperative.About virtual property crime amount, the problem of how academic circles did not form a unified standard to guide the judicial practice, can be classified according to the different kinds of virtual property taken cognizance method. Virtual property of game operators have caused by the infringement, according to the game operators since the price of that amount; Virtual property of the agent has caused by the infringement, according to the commercial contract price determined amount; Virtual property of network player has caused by the infringement, according to the price determined amount of transactions between players.