The Research On Violate The Legal Nature Of Virtual Property

With the development of science and technology and the Internet,more and more Internet users in China,the Internet has become an indispensable part of People's Daily life.The Internet to our study,work,life has brought a lot of convenience,at the same time,we also cannot ignore it provides convenience for illegal crime.The current various network crimes,especially the infringement of network virtual property crime increased obviously.With the development of the mobile terminal technology,provides the network crime more ways.This gives the security of the network virtual property has brought great hidden trouble.Therefore,protection of network virtual property,has become the inevitable requirement of our country network enterprise healthy development.Although at present our country has issued a series of laws and regulations about cyber crime,but it is still not perfect,the judicial practice to deal with the infringement case of network virtual property has brought difficulties.Given the high incidence of network virtual property case,this text set about from the case,the qualitative analysis of the infringement of network virtual property,and to foreign and our country Taiwan area about violations of the relevant provisions of the network virtual property has carried on the comparison research,puts forward some suggestion on the protection of network virtual property in our country,hope to be helpful to the judicial practice.This article from the structure is divided into five parts:The first part,the case introduction,introduce the basic situation of this case,the court's trial results,and the focus of controversy.The legal analysis on the problem of the second part,the focus of dispute,the defendant's behavior on properties of various kinds of views,these views are unjust enrichment,network fault,the austerity of criminal law said,embezzlement,fraud,theft,computer information.Whether the defendant behavior constitutes a crime and the defendant behavior whether constitute this crime and crime is analyzed.The third part,the case for the theoretical basis of the theft crime mainly for objectively the defendant stealing behavior,subjective,against the will of the victim of the defendant,the defendant's behavior conforms to the theft of object aspects were analyzed.The fourth part,outside the infringement of network virtual property legislation and the enlightenment to our country.In the United States,Germany and Taiwan are introduced for theinfringement of network virtual property legislation and the enlightenment to our country.The fifth part,perfect the legal countermeasure,through the analysis of the case and the focal point of the dispute,for the infringement of network virtual property legal countermeasures are put forward.