Research On Conviction And Sentencing Of Stealing Network Virtual Property

The booming of the Internet has not only greatly changed people's way of life,but also brought great challenges to traditional criminal law theory.As a derivative of the network,the virtual property of the network gradually entered people's lives.Although it is different from traditional property,it has enormous commercial value and is a powerful driving force for economic growth.However,the crime of stealing network virtual property in the real society has become more and more common,seriously endangering the legitimate rights and interests of citizens and the healthy development of the network industry.Regrettably,China's criminal law does not currently stipulate network virtual property,which leads to great differences in the handling of cases of stealing network virtual property in judicial practice.Many problems need to be resolved.Based on the existing achievements of criminal law theory at home and abroad and the different practices in judicial practice,this paper explores the criminal law system of stealing online virtual property behavior and tries to construct a reasonable conviction and sentencing model.In addition to the introduction and conclusion,the main content of the article consists of the following three parts:The first part is the question.The author comprehensively sorts out and summarizes the current situation of the protection of network virtual property in domestic and foreign legislation and justice,and draws the problem through several specific cases in practice.It is pointed out that the main dilemma of sinning the act of stealing network virtual property is that the legal property of the virtual property of the network is not clear and the amount of the virtual property is difficult to identify,and it is guided by these two issues,which is used throughout the discussion of the full text to explore effective Solution.The second part is an overview of the virtual property of the network,focusing on the nature of the virtual property of the network.This chapter starts from the origin of network virtual property,based on the definition of its concept,defines the basic concept of network virtual property and its main features,and divides the virtual property of the network that should be protected by criminal law into account class,article class and currency class.Three major categories.The discussion in this chapter clarifies the basic connotation of network virtual property,defines the scope of criminal law protection,and lays the foundation for exploring the behavioral elements of stealing network virtual property.The third part is the analysis of the behavioral elements of stealing network virtual property,including the analysis of behavior type,behavior characteristics and behavior objects.The focus of this chapter is on the legal attribute argumentation of behavioral objects.Firstly,through the comparative analysis of affirmative and negative,it points out the property attributes of network virtual property with objectivity,usefulness andmanagement possibility.Then based on the principle of legality of crimes,the author explains the expansion of the property in the criminal law,and interprets the virtual property of the network as "other property" in Article 92 of the Criminal Law,and seeks the "home" in criminal law.Finally,the electromagnetic data attributes of the network virtual property are analyzed through the reproducibility of data.The discussion in this chapter clarifies that the network virtual property has the dual attributes of property attributes and electromagnetic data,and provides a theoretical basis for the qualitative exploration of stealing network virtual property behavior.The fourth part is the solution of the problem.On the basis of the above analysis and argumentation,the author puts forward his own solution ideas based on the provisions and actual conditions of China's criminal law.For the act of stealing the virtual property of the network,due to the similarity of legal interests and the inclusiveness of the law,the author advocates the establishment of the sin of the crime of theft and the illegal acquisition of computer information system data.A diversified value measurement mechanism is established for the difficulty in determining the amount of virtual property.In terms of sentencing,we broke the theory of quantity and established a discretionary mechanism of“amount is the mainstay and the plot is supplemented”.