The Judicial Recognition Of Secretly Stealing The Network Of Virtual Property Acts

With the development of computer technology and the popularity of the Internet,the network of virtual property began to become the spiritual pursuit of at leisure time.With the desalination of spatial and regional concepts,virtual space came into being,and network virtual property also played an increasingly important role in cyberspace.Virtual property is peoples` result of labor who spend time,energy,money and intelligence in cyberspace,and its value is no less than the real property.It is because of the benefits of virtual property,the cases of secretly steal the network of virtual property occur frequently,such as the theft of online game virtual property,network account theft and other events.As the law of our country on the legal nature of the virtual property is not clearly defined,so in the initial,for such cases,the crime sare not to be convicted and punished.But for the affirmation of the legal properties of virtual property,what form dose it existence,there are real right,claims,intangible property,intellectual property rights,I think that the virtual property should belong to a new property.Now for behavior of stealling the network of virtual property secretly,and more to be regulated by the criminal law,because our legislation on this behavior is not clearly defined,such cases can not be followed,resulting in for such cases convicted and sentenced Inconsistent situation in judicial practice.Some of the judiciary to violate the crime of freedom of communication punishment,and some judiciary to destroy the computer information system conviction and sentencing,and some illegal access to computer information data crime or theft of conviction and punishment.This article holds that the secret theft of the virtual property of the network should constitute the crime of theft,because the crime of theft constitutes a reasonable legal basis,the most important is the secret to steal network virtual Property acts in full compliance with the elements of theft.This article discusses the rationality of the crime of theft by discussing the limitations of other crimes in judicial practice.However,because the network virtual property which exists in the network space is electromagnetic recording,it has the characteristics of virtual,the process of identifying the theft will have some problems.The owners who own virtual property are confused,for the virtual property owned by the network operators has many problems,the value of virtual property valuation standards is varied,resulting in the virtual property price is difficult to assess accurately,because the evidence of virtual property is easy to lose,so geting electronic Evidence is difficult,because the virtual property belongs to the high-tech crime,the crime of theft and the attempted process of the crime is different from the ordinary theft,but these problems for the identification of theft is critical,this article give us some measures for the identification problems.in order to be able to better convict sentencing.It has great social significance and judicial significance: firstly,it can prevent the occurrence of different convictions in the same case effectively,and can better realize the criminal law.It can protect the legitimate interests of the owner of the network virtual property,Promote the healthy development of China's online game industry;it can make the virtual property of the network get timely,effective and comprehensive legal protection,it can also purify the cyberspace and promote social stability.