| The flourishing of the online game industry has derived the new concept of network virtual property.The network virtual property has the diverse types,Along with the unceasing development of network science and technology,the influence of network fictitious property has unceasingly promoted,thus also caused many new contradictions and problems.As the total amount and type of network virtual property unceasingly expands,as well as deeply in all aspects of people’s life,the stealing of network virtual property has also occurred frequently.As china’s criminal law does not specify whether the network virtual property belongs to the significance of criminal law in our country’s public and private property,how to regulate the act of sterling fictitious property,which lead to the emergence of many disputes and differences in the theory and the judicial practice.In particular,the article enumerates the relevant laws and regulations of our country on how to define the behavior of stealing network virtual property accurately,and analyzes the nature and treatment of the stealing of virtual property in our judicial practice with different cases.At present,the main developed Western countries have enacted the criminal law rules to crack down on the stealing of network virtual property,and the behavior of different types of network virtual property is clearly qualitative.However,in our country,the nature of the stealing of network virtual property is not very clear,and in practice there are often different qualitative criminal with the same behavior.The behavior of the stealing of network virtual property has a large difference with the infringement of freedom of communication crime,the destruction of computer information systems crime,infringement of intellectual property rights crime in the composition,The article thinks that it is not appropriate to determine the nature as crime for the above-mentioned offences.In the light of the lack of relevant legislation and judicial interpretation in our country,there are many problems in the application of the criminal law,such as different qualitative standards and the confusion of network virtual property value.Based on perfecting relevant legislation and judicial interpretation,the article puts forward the way to make corresponding legislative interpretation and judicial interpretation.Through the practice of the appropriate expansion of the relevant judicial interpretation,clear the applicable standards of criminal law in the cases of stealing of network virtual property,We should avoid the situation that the punishment is not suitable in the judicial practice,further promote the perfection of the relevantcriminal law legislation and protect the interests of the fictitious property owners. |