The Qualitative Characterization Of Cyber-theft In Criminal Law

Network is a "double-edged sword".On the one hand,it brings great convenience to people's life and meets people's spiritual and cultural needs;on the other hand,it also brings certain hidden dangers to social security,and the network has become a hotbed for the development of traditional crime.Traditional crimes invade the virtual space of the network,and traditional crimes are networked,forming a new form of crime based on the network,among which network theft is the most common and the highest crime rate.Network theft is a common form of crime in the current network society.This is a new form of crime.It combines the characteristics of traditional theft and cyberspace.It is highly operable and difficult to detect.Because of its concealment and low cost of crime,cybertheft occurs frequently,often involving huge amounts,huge impact and serious social harm.However,the academic and practical circles have not formed a unified understanding of the criteria for judging network theft and the definition of virtual property,which leads to the difficulty of applying the law in dealing with a series of new and difficult cases involving network property interests(or virtual property).This brings development to society,but also provides convenience to criminals.Therefore,this paper focuses on the following issues by studying the literature on the crime of network theft,combining with the relevant criminal law theory and judicial practice.Firstly,starting from the overview and specific manifestations of network theft,and comparing with traditional theft,this paper expounds the concept and characteristics of network theft,through which we can understand the basic situation of network theft and network theft.In order to summarize and summarize the forms of expression;secondly,summarize the existing judicial practice on the evaluation of network theft,and analyze the inappropriateness of each evaluation,put forward the author's own views;thirdly,from the virtual property should be protected by criminal law,network theft accords with the constitutive elements of the crime of theft,prove that network theft should be identified as theft.Finally,in view of the fact that there is no clear legal regulation of cyber-theft in our country,the author puts forward the idea of how to better regulate cyber-theft in our country on the basis of the significance of criminal legislation of cyber-theft,in order to makecyber-theft legally justifiable,have a unified criterion of punishment,achieve the same case and achieve public justice,a fair sentence.