| With the development of high and new technology industry,the network things such as e-commerce,online games gradually enter into the people's life,and has become a very important part in the real world.At the same time,some criminals began to see the Internet as tools and platforms of crime,carry out series of criminal activities.These criminal activities not only do harm to the safety operation of the computer information system,but also disrupt social management order and infringe upon the lawful rights and interests of citizens,legal persons and other organizations.In order to adapt to social development situation,the criminal law should make adjustment according to the changing situation.In this paper,in the perspective of typical cases,discuss the attribution of legal interest of the gambling crime,the crime of illegal business operations,crime of illegally obtaining the computer system data,theft crime constitution,through the multidimensional comparison of horizontal and vertical analysis,and then analysis the behavior of“selling virtual currency”and “stealing virtual property”.According to the clue of the logical derivation from the phenomenon to the essence,the paper was written to puts forward the path of the criminal regulation of the new Internet crime,in order to provide some reference for the judicial practice and theoretical research,which is divided into four parts as follows:The first part introduces the case,summing up the disagreement and controversy in the case.The accused as a senior online gamblers,selling virtual items for fortune,and break the password to enter the game operating system of others,to steal other people's virtual items for sale.Does the behavior constitute a crime? If the defendant should bear responsibilities for his illegal behavior,then the accused through online games to win the virtual currency,reselling to earn huge wealth,and the illegal income as a source of life behavior can be assessed as gambling crime? Whether the reselling behavior belongs to the provisions of Article 225 of the Criminal Law? Does the behavior of sealing other people's virtual property violate the criminal law?Is it necessary to use criminal penalties? Does the crime of theft contain virtual property? Does the behavior of stealing the virtual property done by the defendant constitute illegal access to computer information system data crime? Is it possible to pursue criminal liability with theft?The second part is the legal analysis of the related issues.Firstly,advocating objective interpretation for the leading middle fold in criminal justice,the author explains the value orientation of the criminal law interpretation principle involved in this case and tries to achieve the balance between the maintenance of order and protection of human rights as far as possible.Secondly,the writer explains the legal interests of gambling crime content and specific elements,concluding that the double benefit of gambling crime,which is not only detrimental to the normal social management order,to some extent,also violated the legitimate property rights of others.In addition,the "gambling for the industry" should be measured according to the specific circumstance.Through the legal analysis on the crime of illegal business operation law,provisions and other aspects,the writer illustrates the protection of the legal interests is only the order of market access and the fallback provision shall make a reasonable limit,rather than wanton expansion.Then,interpreting the objective behavior of the crime of illegal access to computer information system,the author concludes that the access behavior beyond the jurisdiction is not permitted by law.Finally,through the legal analysis of the crime of theft,the writer concludes that the object of the crime of theft is gradually expanding.Which also means that although the virtual property is different from the real property,but it still has the property value,so it is justifiable to incorporate it into the object of larceny.In this case,the doer wins a lot of virtual currency resale profit through the network game,which kind of behavior neither conforms to the constitution of the crime of gambling nor meets the legal interests of the crime of illegal business operation.Similar to the behavior while the general provisions of the surface of the essence is different,therefore it cannot belong to the crime of illegal business scope of the evaluation.In addition,because the intrinsic nature of the virtual currency is an electromagnetic recording,in line with the characteristics of computer information system data,the act of the doer Xu in this case,stealing other people's virtual property,is the same as the crime of illegally obtaining the data of computer information system.Therefore,"stealing virtual property" shall be a felony punished,for it belongs to illegal access to computer information system data crime,and the relation between it and the traditional crime of theft is called the imaginative joinder of offenses.From the legal point of view,there is a lot of theft sentencing grade and heavier penalty term,which is a felony and the criminal responsibility of the accused Xu should be investigated.Through the analysis of typical cases,the author explores the common features of such crimes.In sentencing,the restraining spirit of criminal law should always be implemented,in order to achieve the grand goal of punishing crimes and maintaining the social stability and harmony.As a very important communication media,the Internet is also the cradle of new crime.Under the background of network alienation,traditional charges should be followed up in time to make appropriate adjustments.In addition,the traditional standard of crime,which purely dependents on the amount of crime criteria,has been unable to meet the needs of judicial practice.Therefore,it is necessary to introduce the plot factors,to integrate a variety of ideas to form a new theoretical model and practical path of the new quantitative criteria of Internet crime. |
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