Qualitative Research On The Illegal Acquisition Of Virtual Property On The Internet

There are some problems such as unclear definition of the object scope of property crime,unclear theoretical orientation of network virtual property,and whether the behavior of stealing virtual property conforms to the constitutive feature of breaking and establishing possession" of larceny.On the legal nature of virtual property disputes,based on the civil law field has not formed a unified view and the nature of online games at home and abroad have many differences,only based on the unity of the legal order or simple reference to the relevant foreign theories virtual property is unreasonable;Around the core of the infringement of legal interests,the network virtual property should belong to one kind of interests of property.On the one hand,the network virtual property can be controlled or managed by human,has a certain value and utility,has the possibility of transfer,in line with the characteristics of China's property crime property;And neither the object of property crime "public and private property" nor the provisions on "public and private property" in China's "criminal law" have made specific restrictions on what kind of property or property,leaving a possibility for the interpretation of virtual property as"property" in the criminal law.Because of the concept of the fact that dominate possession of criminal law,on the other hand,from the initial requirements for actual control,gradually develop into close space distance is not strictly required,need some social normative factors,thus the interests of property possession in concept and on criminal law system obtained the reasonable explanation,this also to accord with theft of stealing network virtual property break and establish the possession behavior factor laid a theoretical foundation.In order to avoid the problem of determining the amount of virtual property crime,the criminal law protection of network virtual property is entrusted to computer crimes,and there are some problems such as inconsistent with the core legal interests of the infringement of the act,existence of punishment loopholes,and inconsistent with the principle of concurrence of charges.At present,both the practice circle and the theoretical circle have put forward good solutions to the problem of the value evaluation of network virtual property.According to the specific situation of the case,the criminal amount of this kind of case can be comprehensively evaluated by combining the difference in the type of virtual property and the market value of virtual property and other factors.Therefore,Applying property crime to protect the network virtual property has both rationality and feasibility.