Research On The Criminal Regulation System Of Stealing Network Virtual Property

With the gradual development of network technology,the concept of the Internet + concept,the virtual property derived from the network has entered people's field of vision.Although the General Principles of Civil Law adopted in March 2017 stipulates in Article 217 that “the law has provisions on the protection of data and virtual property on the Internet,according to its provisions.” However,in the field of criminal law,due to the boundaries of virtual property on the Internet Unclear,he has taken an evasive attitude toward important issues such as the concept of network virtual property,rights attributes,and protection methods.This paper analyzes the cases of stealing network virtual property in the judicial practice,and discusses the definition,nature and characteristics of the network virtual property,the identification of the nature of the virtual property of the network,the identification of the crime,and the determination of the amount.By comparing the regulation of this behavior with Chinese and foreign criminal law,we can improve the criminal law protection of online virtual property in China.The author has three chapters to write:The first chapter through three typical cases,similar cases,different judgments,lead to the focus of the dispute between the two sides: what is the nature of the network virtual property,whether it is included in the scope of criminal law protection,how to conduct the behavior of stealing virtual property of the network,How to carry out judicial determination,laying the groundwork for the following legal interpretation.The second chapter analyzes the legal focus of the above two disputes.This chapter is divided into three parts.Firstly,it clarifies the nature of the virtual property of the network.In this part,the definition,characteristics and scope of the virtual property of the network are explained.It shows that the network virtual property hasthe legal property rights of criminal law.Secondly,the behavior of stealing the virtual property of the network is characterized,that is,the characteristics and types constitute criminal acts.How to judicially identify the act of stealing virtual property on the Internet,including the identification of the crime,the determination of the amount of the crime,and the sentencing,and finally analyze and draw conclusions.The third chapter introduces the legislative provisions and judicial practice on the behavior of stealing network virtual property inside and outside the domain.After detailed analysis of the above contents,it gives some suggestions,that is,the network virtual property is included in the scope of criminal law protection,and the network is clearly stolen.The crime of virtual property behavior and the standard of sentencing,formulate clear criteria for the identification of virtual property values,improve relevant judicial interpretations,and issue relevant guidance cases,thus making some efforts for the criminal law protection of network virtual property in China.