Legal Analysis Of Zhang Simao's Theft Of Domain Name Case

The Internet is a large network that covers the world and covers all of its information.It is filled with people's lives like air.The application of the Internet involves all aspects of people's lives and changes the way people live.Under the background of the information age,the development of the network makes the object and means of cybercrime constantly updated,and the amount of cyber crime continues to increase;the application and involvement of network technology may lead to the alienation of traditional crimes.The development and application of Internet and network technologies have brought shocks to traditional crimes.Cybercrime has become a concern in the new era.As the identifying address of the website location,the domain name plays an increasingly important role in the cyberspace.There are many researches on domain name protection,domain name infringement in civil and commercial law,and intellectual property.With the advent of the "Internet +" economic era,there are more and more Internet transactions.The domain name exists in the cyberspace,and the transaction transfer to it is also common,resulting in the frequent occurrence of cyber crimes such as domain names.At present,China's criminal legislation does not clearly stipulate the provisions on cyber property crimes such as domain names,and there is no explicit provision on the nature of illegal acquisition of domain names such as theft.In judicial practice,there are similar judgments in different cases,and it is therefore of utmost importance to protect cybercrime such as domain name from criminal law.From the perspective of the case,this article analyzes and summarizes the controversial issues in the case and looks forward to finding the optimal solution.Excluding the introduction and conclusion,the main content of this article also includes the following five parts:The first part is a brief overview of the case.Including the basic situation of the case,the results of the court's decision,and the controversial issues in the case.The main disputes in this case are the definition of the legal attributes of domain names,the disputes concerning the application of crimes,and the determination of the value of the domain name property.The second part to the fourth part are the legal analysis of the controversial issues.The second part is the analysis of the legal attributes of domain names.The characterization of the nature of the domain name affects whether the crime is established and what kind of charges are established.This article mainly analyzes and compares the two views of affirmation and negation of the property of the domain name,and considers that the legal attribute of thedomain name is defined more reasonably by affirming the property theory.The domain name is classified as property in the scope of criminal law protection,complies with legal provisions,and satisfies people's expectations.The third part is a qualitative analysis of the act of stealing domain names.At present,there are different views on the conviction of domain name crimes in judicial practice.In connection with Zhang Simao's case,the main ideas are larceny,illegal acquisition of computer information system data and punishment for larceny from a felony according to the theory of implicated crime.The author thinks that the crime of larceny is more reasonable,and the crime of larceny is in accordance with the elements of larceny.Moreover,although the criminal law does not clearly stipulate that the virtual property such as the domain name belongs to the property category,but according to the existing legal provisions to interpret the law,the domain name belongs to the property is in accordance with the law.Also,if the penalty for the offence of illegal access to computer information system data is not sufficiently severe,it may not serve the purpose of crime prevention.The fourth part outlines the theories of determining the amount of domain name property,and analyzes the merits and demerits of each theory.It holds that there are more or less defects in identifying the property amount of domain names from the perspective of existing ones.In the judicial practice of our country,the identification of the amount of domain name property is also unknown.The fifth part is the enlightenment of this case study.This paper holds that it is necessary to protect the property of the domain name and other assets that exist in the network in criminal law,and it also conforms to the purpose of criminal legislation.At the same time,for crimes such as domain names and other virtual assets,special crimes may be added to the legislation to regulate and the conviction and sentencing of the crimes will be briefly described.It puts forward its own views on the criteria for determining the amount of a domain's property.It can combine the initial cost price statement with the input of the victim,unify the criteria for the amount of the domain name property based on factors such as market and time,and establish a value evaluation system to perform virtual assets such as domain names.Evaluation.