On The Criminal Law Protection Of China's Virtual Property

In twenty-first Century,the rapid development of science and technology,the continuous expansion of the Internet world,at the same time bring convenience to people,but also caused a number of new problems.How to protect the virtual property of the network is an urgent problem to be solved.At the beginning of the creation,network virtual property is only a simple digital code.With the development of virtual world and the growth of the online game industry,virtual property is endowed with the value equivalent to the real property.In recent years,the theft of virtual property has come out more and more.According to the "China referee network" show on the network virtual property loss cases reached more than 100 cases,more than 100 cases in this case,there are different co contracting phenomenon.The different results of the same criminal act do not conform to the principle of adaptation to the criminal law stipulated in the criminal law of China.In the long run,the social credibility of the judiciary will be reduced.In this paper,we use empirical research method to discuss the problems of trial in such cases by analyzing the specific situations and decisions of the existing judicial cases.In the more than 100 cases have been published involving virtual property lost in the case of the defendant stealing virtual property behavior,there are two kinds of the verdict,a judge that the theft of virtual property of the network behavior should be characterized as property crimes,a judge that such acts should be judged as a violation of network information security crime.The main reason for the two judgments is that our law does not specify whether the network virtual property belongs to the property scope protected by the criminal law.Secondly,the value of the virtual property of the network has no accurate criteria.Once again,the defendants perform the act of stealing network virtual property.They need to finish two crimes.The first step is to invade the computer information system of victims,and the second step is to steal property from victims' network accounts.Because all two acts violate our criminal law,some judges focus on the punishment of the first crime.Some of them focus on the punishment of second crimes,and there will be two different judgments.It is in conformity with the general expectation of our nationals to stipulate the virtual property as the scope of the property protected by the criminal law of China.As a derivative of the Internet world,network virtual property occupies more and more space for people's life.In particular,the development of the online game world provides a good platform for the development of virtual property.The game devices,game gold coins,game account numbers and so on play a realistic value.The value evaluation of virtual property can also be solved through the online game platform.The online game developers set prices for each game device in the game mall,and also set the exchange rate for the game gold coins to exchange with the real currency.In practice,the different co contracting phenomenon can be regulated by the judicial interpretation,legislative interpretation and amendment of the criminal law to regulate.The judicial interpretation of the making process is simplified,can solve the problem of different co contracting phenomenon results in a short period of time.The introduction of legislative interpretation is an effective supplement to the imperfections of the legal provisions,and legislative interpretation is more effective in the establishment of institutional level,and can achieve better regulatory effect.The amendment of the criminal law can make the law keep pace with the times,the real world is changing constantly,and the law cannot be unchangeable.Only when we adapt to the times can we really solve the real world problems.