| As a derivative of the Internet,network virtual property has become an important part of cyberspace,and its value has been paid more and more attention.At present,network virtual property transactions have become a common phenomenon,and a set of relatively fixed trading mechanism has been formed in practice.In recent years,because of the manifestation of the value of network virtual property,the cases of stealing network virtual property have occurred frequently.It has become the consensus of theoretical and practical circles to regulate the behavior of stealing network virtual property through criminal law.However,due to the fact that the legal attributes of network virtual property have not been clearly defined in the current law of our country,there is still a great controversy about the conviction and punishment of stealing network virtual property.Therefore,this paper intends to analyze and study the criminal determination of stealing network virtual property,in order to clarify the qualitative problem of the behavior.This paper is mainly divided into five parts.The first part analyzes and compares three cases of stealing network virtual property in the judicial practice,and introduces the related issues about the determination of stealing network virtual property.The second part analyses the definition and characteristics of network virtual property first,then expounds the legal attributes of network virtual property and the current popular Bitcoin,and draws the conclusion that network virtual property belongs to the property in criminal law and can become the object of property crime.The third part analyzes the disputes about the determination of the behavior of stealing network virtual property in our country,combined with the cases in judicial practice,including the crime of infringing on the freedom of communication,theft,illegally obtaining data from computer information systems and a few other crimes.The fourth part demonstrates the inappropriateness of the crime of infringing on the freedom of communication,the limitations of the crime of illegally obtaining data from computer information systems,and the inappropriateness of other crimes.Then,it demonstrates the reasonableness of identifying the behavior of stealing network virtual property as the crime of theft,and draws the conclusion that it constitutes the crime of theft.The fifth part analyzes and proposes solutions to the difficult problems faced in judicial practice in the cases of stealing network virtual property on the basis of the crime of theft. |
