Criminal Law Analysis Of Stealing Virtual Property

Online games have emerged with the advancement of computer technology,and there are more and more virtual assets in the game.Various new forms of crime also appear along with the virtual property that appears in the game,such as the virtual "currency" used in the theft of online games."," "items" and so on.Regarding how to determine the nature of virtual property and how to effectively regulate the theft of virtual property,whether in the criminal law theory or in the judicial practice,there is a great controversy and whether the virtual property of the network should be defined as the law.In the sense of the scope of property,it is protected by law.Whether the current criminal law in China can regulate the theft of virtual property on the Internet,there are no small disputes.At present,there are no clear regulations on the legislative and judicial levels in China,but such behaviors occur frequently and have reached a situation that cannot be ignored.Whether or not to protect virtual property and what measures should be taken to protect virtual property has become an urgent problem to be solved in theory and practice.Therefore,exploring and studying the nature of network virtual property and the nature of theft of virtual property behavior of the network have both theoretical value and practical significance.On the basis of combining legislative theory and judicial practice,the author deeply discusses the concept,characteristics,legal attributes of virtual property,the criminal legality of theft of virtual property,the characterization of the theft of virtual property as the confusion of theft,and proposes to improve the criminal law of China.Legal advice on the theft of virtual property.The specific content mainly includes the following four parts.The first part of the virtual property overview.This section mainly describes the concept of virtual property,the characteristics of virtual property and the legal property of virtual property.Compared with traditional property,virtual property has the characteristics of virtuality,dependence and value.The legal attribute of virtual property is a detailed discussion from whether the virtual property of the network belongs to the property in the legal sense.By comparing and analyzing the two viewpoints of "negative" and "positive" in the theoretical circle at the present stage,After negating the viewpoint of "negative theory",it discusses the fact that virtual property belongs to the property in the sense of criminal law and should be protected by criminal law.The second part: the criminality of the theft of virtual property.This section mainly describes the theft of virtual property should be defined as theft,theft of virtual property in line with the elements of theft and the theft of virtual property is classified as other crimes.Among them,the theft of virtual property should be characterized as the crime of theft.It is feasible to interpret the virtual property as the property of our criminal law.It is legally analyzed that the crime of stealing the virtual property is characterized as theft is in accordance with the criminal law of China.The statutory principle is also in line with the purpose of protecting the legal interests of our criminal law.The constitutive elements of the theft of virtual property in line with theft are specifically analyzed from the "four essentials" adopted by China's general theory,namely,the behavior of theft of virtual property from the subjective,subjective,objective and objective aspects.A study was conducted to conclude that the act was consistent with the traditional theft in the elements of the crime and that it should be qualitatively based on theft.The case of theft of virtual property as other crimes is an analysis of the crimes of theft of virtual property in the judicial practice of our country in violation of the crime of freedom of communication and the crime of damaging the computer information system.The third part: the theft of virtual property is characterized by the confusion of theft.This section mainly introduces the practical and theoretical issues that will be faced when the crime of theft of virtual property is convicted and punishable by theft,including how to determine the amount of stolen virtual property,and what are the difficulties in the investigation and evidence collection of the theft of virtual property and how to determine it.Whether the theft of virtual property has reached the standard of crime.Among them,there are mainly five viewpoints on the determination of the amount of virtual property in the current theoretical circles,that is,the price of the online game operator when selling virtual property,the cost of the user's input,and the socially necessary labor time.The authorization is determined by the transaction price between the game players,and is determined by the amount of the stolen virtual property.In addition,there are “control theory” and “out of control theory” for the identification of the problem of theft of virtual property.By comparing and analyzing the views of the two theories,we agree with the “out of control theory” to identify the problem of theft of virtual property.The fourth part: Improve the legal advice of China's criminal law on the theft of virtual property.This part puts forward some suggestions on how to protect the virtual property from criminal law,combined with the current legislative situation and judicial practice in China,and from the legislative and judicial aspects.The legislative improvement proposals include two aspects: one is to clarify the legal status and types of virtual property in the form of legislative interpretation,and the second is to improve the relevant provisions of theft by means of the Criminal Law Amendment.Suggestions for improvement in the judiciary include improving relevant judicial interpretations to guide judicial practice,improving the virtual property value assessment mechanism,and increasing the implementation of online game user real-name authentication.