An Argumentation On Criminal Law Protection Of Network Property Interests

At present,with the rapid development of internet and its related industries,the transaction of network property interests has formed scale.However,driven by benefit,a large number of acts for stealing such property interests have appeared,even formed the industrial chain.Such acts make many internet users suffer from property damage,and also endanger the healthy development of the internet industry,it has realistic social harmfulness.Through the judicial practice,we find that qualitative inconsistencies in the case,the verdict are also different throughout our country in handling such cases,it's hard to differentiate illegal access to computer information system data crime and larceny.The point of such difference is how to define the network property interests,it is just the computer data or a new form of property which should be protected by law.From the perspective of the theory of criminal law,this article attempts to explain the crime of theft in the internet era which has broken the traditional attributes,and gradually extending to the network property interests,it is says that the object of larceny should include the network property benefit.This article is divided into five parts to discuss and analyse the theme.Part ? Summary of network property interests.On the basis of illuminate the conception and peculiarity of network property interests,in order to extend its legal attribute is different from the traditional ones.Part ? From three aspects to elaborate the deficiency of the criminal law regulation for theft of network virtual property crime in China,theoretical debate on the theoretical level,legal deficiencies on the legislative level and the application differences on the judicial level.From these to extend that our country should be based on the theory of criminal law,according to the accumulated relevant experiences in judicial practice,at the right time to put network property interests into the scope of the adjustment of the criminal law reasonably by the effect of criminal legislation and interpretation.Part ? Comparison and conclusion.To sum up the experiences of overseas countries and the Taiwan region in the protection of the network property interests by criminal law,draw the useful practice,explore the adjustment way of criminal law in our country.And also prepare for proposing suggestions to protect network property interests.Part ? Theoretical basis.From the theoretical level of China's criminal law to deeply analyse network virtual property is in line with the nature of the object of larceny.The "property" in criminal law is essentially a kind of criminal legal relation,that is the ownership relation.So this part will try to analyse the common characteristics of the network property interests and the object of larceny from the aspects of economic value,dominance and transfer.Part ? Some suggestions on the regulation of criminal law.Advise that through legislative expansive explanation,to extend the implication of "property" in criminal law clearly to include the network property interests,under the premise of not contrary to the original intention of the legislation.About the value of network property interests,determine the proceeds of crime by existing judicial interpretation.Meanwhile,use the principle of criminal restrain in practice,according to the lowest standard when there are discrepancy,controversy and contradiction.