Research On The Criminal Law Regulation Of Stealing Network Virtual Property

In the context of the rapid development of the Internet era,many emerging things came into being,the network virtual property is a typical representative.Nowadays,the function of network virtual property can cover all aspects of life and study.The network game player borrows the network virtual property in the virtual world happy enmity,digests in the real world the negative sentiment;WeChat,QQ function is not limited to chat tools,can pay for goods,such as the initiation of voting.At the same time,due to its scarcity,some game equipment and accounts are regarded as commodities to be traded in real life.Thus it can be seen that the value of network virtual property has been recognized by most people,and its property attribute is also recognized by most scholars.But our country legislation has not carried on the explicit stipulation to it.Whether the virtual property can be protected by criminal law is still controversial.Affected by the ambiguity of the legislation and the blind spot of the crackdown,the judicial organs in different regions have different convictions and punishments for the theft of virtual property.In order to solve the above problems and protect the legitimate rights and interests of Internet users,it is necessary to regulate the theft of virtual property in the criminal law,clarify relevant provisions and improve relevant measures.In addition to the conclusion,this paper is mainly divided into three parts.The first part mainly introduces the characteristics and concepts of the network virtual property,and emphatically demonstrates that the network virtual property should be included in the property scope protected by the criminal law,and elaborates on the necessity and significance of the criminal law regulation of the network virtual property supported by the development of the Internet and related reports.After clarifying its legal attribute and necessity,we will discuss how to protect it.Therefore,the second part mainly introduces the current situation of legislation and judicature of regulating the theft of network virtual property in China,and then summarizes the existing problems from the aspects of legislation and judicature: the blind area of legislation,the amount and the vacancy of evaluation mechanism,thedisagreement and deficiency of conviction and sentencing in judicature.Finally,according to the existing problems from the legislative and judicial aspects of the recommendations.Including how to convict sentencing,how to establish virtual property value evaluation mechanism.It is suggested that in the aspect of legislation,the virtual property should be brought into the scope of protection of criminal law,relevant supplementary provisions should be made by means of legislative judicial interpretation,and the amount assessment method and value assessment mechanism of virtual property should be established.In the judicial aspect,the theft of network virtual property is defined as larceny,and the theft of network virtual property is defined as the violation of communication freedom and the illegal acquisition of computer information system data.It is suggested to strengthen communication and cooperation with other relevant departments to jointly resist the theft of virtual property online.