The Determination On The Nature And Amount Of Stealing Virtual Property

All along,the increasing number of stealing virtual property disputes have aroused close attention of legal experts.At present,there is hardly explicit provision for violations of network virtual property.There are laws and regulations about the protection of Internet security and the protection of computer information system,there are also some regulations to prevent and combat network crime.However,the regulations and direct protection on the network virtual property are still blank.The judicial practice departments have been trying and exploring the cases of stealing network virtual property,but it is difficult to reach a consistent view,so the final result of trial is also various.Although the general rule of civil law has strengthened the protection of virtual property,there is still a great difference between the nature and the amount of the virtual property in the criminal law field.Therefore,I give some views to solute this problem:Firstly,we can establish a good foundation for the evaluation of the nature and amount of virtual property by knowing the concept and basic characteristics of virtual property.Therefore,we need to accurately describe the connotation of virtual property,explore the origin of the term virtual property and the relevant countries in the definition of virtual property.to restore the virtual property,and then summarizes the virtual property category and the basic characteristics.Secondly,It can be mainly started from two levels to solve the disagreement on the behavior of stealing virtual property.on the one hand,it is the nature of the behavior.It can be explained mainly from three contents.First,it is necessary to establish the criminal law of virtual property.Because stealing virtual property behavior has very serious violation on legal,which belongs to the category of criminal law;Stealing virtual property can not be punishment well by other legal regulation,it is difficult to achieve good effect and reduce the source of this behaviour;the behavior of stealing virtual property in criminal law can be recognized,can also be solved effectively.Second,the theoretical divergence and evaluation of stealing virtual property.The behavior of stealing virtual property mainly involves four controversies: the crime of destroying computer system data,the crime of destroying computer system,the crime of violating the freedom of communication and the crime of theft.It can be used to evaluate the advantages and disadvantages of the parties by value analysis and the attribution of the virtual property.Third,there is a qualitative analysis of stealing virtual property,which can be mainly identified from the perspective of the legal virtual property.On the other hand,it is the determination of the amount.The current amount of disputes can be divided into four kinds: namely the lowest network cost,the game player cost,the thief sell the price of stealing virtual property and the operators setting the price.By evaluating the differences and summarizing the advantages and disadvantages of the parties to solve this problem.Finally,put forward suggestions through the summary of the advantages and disadvantages.It's divided into two possibilities: first,the thief did not sell the stolen goods,we can learn from Korea that calculate game players' necessary labor time of getting the virtual property;if steal company of conversion,we can use the market price and the social ownership rate formula;second,the thief sold the goods,we can draw on the calculation method of South Korea standards,according to the amount determined to calculate the amount of stolen goods;if not reach the required standard,can be identified by the calculation of the amount.