On The Insufficiencies And Improvement Of Criminal Punishment For The Theft Of Network Virtual Property

In the background of the rapid development of the Internet industry,there is emerging a lot of internet products,network virtual property is one of these.For such kind of product,the value of the internet virtual property is admitted,so it breeds lots of criminal acts against the network virtual property,for the occurrence of crimes,the social and public interests are threatened,however,there is still no obvious ways and means to punish this kind of crime.With respect to the act of stealing the internet virtual property,it is always controversial to determine the attribute of the crime,it is also difficult to be uniformity in the process of judicial practice,aroused by domestic scholars,legislatures,judiciary,etc.This paper is mainly based on the idea of solving the problem: first part is the introduction about current social and judicial status of the theft of network virtual property,showing the extent of the infringement of it,but there are no specific laws to punish it.Second part is demontrating the theft of network virtual property,which is larceny in the perpective of four-element theory,explaing in the author's view,why the act is not constituting to other crimes? why is larceny more suitable than other crimes? Third part is proposing the specific existing problems of punishing the theft of network virtual property,and then combining the related cases to solve the problems.The fouth is proposing some suggestions about the crime of stealing network virtual property which is larceny.It is more serious about the theft of network virtual property,but it has not been properly punished.In the process of identifying the theft of network virtual property which is larceny,it is claimed that the act of that is larceny,and then take some appropriate ways to prove.Then it is going to provide sufficient basis to punish the crime of that.