The Criminal Law Evaluation Of The Behavior Of Stealing Internet Game Virtual Property

Modern society is developing rapidly by the Internet technology. Along with people's expanding demand for Internet game, the Internet game industry has been popular with more and more people. However, the infringement of theInternet game virtual property phenomenon also emerges endlessly Accordingly, whether the violation act of virtual property deserves legal regulation should be fully discussed. While the law of our country hasn't explicitly stipulated on these issues, the fuzziness caused inconsistent of the applicable of law in the judicial practice. In fact, the criminal law protection of Internet game virtual property has become a problem that the academic circle is unable to avoid.Internet game industry has become an important part of the current game market. Internet game virtual property should be based on the virtual space and should be able to circulate and useful. It should exist in the form of property, including but not limited to network game weapons,accounts, etc.There're negative theory and positive theory of the Internet game virtual property attribute, and the two theories follow the same train of thought. In fact, they all expand arguments based on the general nature of property. Therefore, the general nature of property must be clear, and the analysis of Internet game virtual property should be based on the nature. Internet game virtual property shall be deemed to have property attribute.First of all, the concept of property rights system should be flexible and open. Regarding the Internet game virtual property as real property is the need of the development of modern society; Secondly, the Internet game virtual property should have scarcity, usefulness, exchange value and exclusiveness and so on characteristics so that it shall be protected by law. As for the stealing behavior of the Internet game virtual property, it should have several characteristics compared with the real property. Based on the fact that the behavior constitutes a violation of legal interest, it should be admitted that it has the necessity of the regulation of the criminal law. Secondly, a concrete analysis should be made refer to the judicial practice, and the behavior should be regard as the crime of theft. Problems in judicial practice don't constitute to be regarded as substantial barriers.