The Nature Of The Behavior Of Stealing The Network Virtual Property

With the rapid development of Internet information technology and the popularity of online games,the phenomenon of the stealing network virtual property behavior attract more and more people's attention.On March 15,2017,at the Fifth Session of the 12 th National People's Congress,the General Assembly adopted the General Principles of Civil Law of the People's Republic of China.The virtual property of the network began as a formal civil right and was written into the law of our country.It is the first time to respond to the Internet information field on the network virtual property,this long-standing controversial topic,as well adapted to the era of large data and the rapid development of Internet technology needs,which is a positive response to the development of the Internet era,Although the newly adopted Law of the People's Republic of China on Article 127 of the Civil Code provides that "the law of the data,the protection of the network of virtual property is provided in accordance with its provisions." But the clause is a declarative provisions,so For the nature of the network virtual property and the specific management methods are still controversial,so the theory of criminal law about the network of virtual property issues need to be further explored.The network virtual property is essentially a data combination represented by a computer,a data code stored in a particular cyberspace,a computer and a network,and a virtual property is an open concept.The extension is constantly improving and enriching.Because in the current criminal law in our country does not explicitly include the network virtual property into the scope of criminal law protection,although the theft of network virtual property cases frequently see the newspaper,but whether it is criminal law theory or judicial practice whether the action should be punished,and The act should be based on what kind of charges to convict and punishment,and their views and treatment are also different,and ultimately the formation of the same type of case,there are different cases of judicial difficulties and distress,contrary to criminal justice and impartial It is necessary to analyze and evaluate this behavior from the theory of criminal law.At present,there is a big controversy about how to judge and judge the behavior of stealing network virtual property in criminal law theory and judicial practice.There are four main doctrines: the acquittal,the crime of violation of the freedom of communication,the related computer crime and the theft of crime.The author in the later analysis of a comprehensive analysis of the theft of the network for the virtual property behavior,to acquittal,the violation of the crime of freedom of communication,the relevant computer crime that qualitative and punitive unreasonable and incorrect.Therefore,this article combine judicial practice in recent years with the relevant theory of criminal law,put forward author' views of the behavior of stealing network virtual property,The author thinks that it helps to solve the problem of virtual property.And then,from the clarification of the relevant theoretical issues,against the crime of conviction to convict the crime,constitute the theft of the rationality and appropriateness of the three aspects of the crime of theft of the virtual property of the criminal law;Expounded and demonstrated the behavior of stealing the virtual property of the network should be based on the crime of theft and characterization;The final conclusion part summarized the text.