Research On Criminal Law Protection Of Network Virtual Property

With the rapid development of the world network,especially in recent years,the electronic commerce network in our country has appeared unprecedented prosperity,a scene of prosperity,and cyber crime has become increasingly serious,especially the crimes of cyber virtual property have occurred frequently.Countries around the world are paying more and more attention to the theft of cyber virtual property,and some of these acts should be punished by penalties.At present,the lack of clear provisions on Cyber virtual property crimes in our criminal legislation directly leads to the phenomenon of the same crime and different punishment in the court in the case of theft of cyber virtual property in judicial practice,which seriously affects the judicial justice and judicial credibility of our country.This paper systematically discusses the theoretical disputes about the online virtual property characterization in China's judicial practice,and makes a comparative study on the status of legislation and judicial practice in countries where the Internet is developing rapidly in the United States,the United Kingdom,Japan,and South Korea.This paper puts forward some concrete thoughts on the characterization of theft network virtual property in China.First of all,network virtual property should be characterized as property right according to its characteristics,which belongs to the category of property protection and should be included in the object of criminal law protection.Secondly,in the aspect of network virtual property theft conviction,because network virtual property can be classified as property,it should be punished according to the crime of theft.However,if the perpetrator commits a computer crime at the same time,he can be punished as a joint crime according to imagination.Finally,for the determination of the amount of virtual property on the Internet,we should draw on the "virtual environment management system" of the Republic of Korea to carry out cooperation and cooperation among many parties to comprehensively measure the amount of virtual property on the Internet.This plays an important role in the accurate conviction and punishment.