Analysis Of Stealing Virtual Property Of Criminal Law

With the continuous popularization of the Internet and the development and deepening of computer technology,the connection between virtual property and people is getting closer and closer.People have regarded virtual property as part of their own property,even the personal digital file center.The number of cases concerning disputes over virtual property in judicial practice is also increasing.However,it is a pity that although the research on virtual property has been carried out for many years,not only the judicial organs do not operate uniformly and act independently on the cases related to virtual property in practice,but also the academic circle has not reached consensus on the research on the legal properties and legal protection of virtual property.In contrast,the majority of China's 590 million Internet users show the value of virtual property and the urgent need for the introduction of relevant protection laws.Especially after the first QQ number theft,the multiple district court began to appear on the network virtual property criminal judgment of case,such as "a meng,He Mou stolen QQ COINS,game point card" "Wang Yihui copyright infringement case" and theft ",such as " Ceng Zhifeng,lack of the theory of virtual property and the debate on the qualitative problem of stealing virtual property behavior is especially intense.Therefore,it is urgent and necessary to give legal judgment and evaluation on the concept,property attribute and theft of virtual property.This paper is divided into three parts,the problem of the proposed-theft of virtual property to establish a crime of theft-theft of virtual property involved in other issues.The first part,mainly through analysis of typical cases of stealing virtual property problems,view and show the difficulties facing the judicial practice,so as to reveal the stealing virtual property behavior in criminal law,the question is: whether the virtual property belongs to the theft of public or private property,how to understand the virtual theft,stealing virtual property theft behavior is in line with the theft.The second part is the basis of analyzing the theft of virtual property.Firstly,it is pointed out that the theft in the crime of theft must take the transfer of possession as an important element,and that although it is also the theft of virtual property in the network environment,the process of transfer of possession is completely different between the two behavior modes of illegal transfer and illegal copy.Therefore,it is necessary to judge whether the two behavior patterns constitute theft according to their different operating principles.After analyzing the key elements of theft,the paper begins to analyze the public and private property protected by the crime of theft.Because the virtual property has the property right attribute and the essence is the electromagnetic data,it belongs to the category of the unembodied object.The object of the crime of larceny is public and private property,and the scope of public and private property includes physical object and non-physical object.Therefore,virtual property can be regarded as the object of theft.Finally,the behavior of stealing virtual property is theft.Illegal transfer type of stealing virtual property in the model,the damage to the conductors are network user's possession of virtual property relations,once the offender will virtual property transferred to your own account,killed the user loses control relationship of virtual property,not possession,any person at the same time establish a new dominant relationship of virtual property,therefore shall belong to the larceny theft.Type in illegal copying of stealing virtual property mode,the perpetrators stealing virtual property by means of replication,as a new actor will increase within the virtual property into yourself or the third person account,network operators,although this part of the electromagnetic data occupies dominant relationship still exist,but lost to the virtual property because of the economic value of possession.At this point,the actor because of illegal possession of virtual property contains the economic value,its behavior should be identified as theft in the crime of theft.The third part is the analysis of other problems involved in the theft of virtual property.The first is the distinction between this crime and that crime.It criticizes the crime of violating the freedom of communication and intellectual property right by stealing virtual property.Then it analyzes the relationship between the crime of theft and the crime of illegally obtaining the data of computer information system.Finally,it is determined that the act of stealing virtual property by using computer technology constitutes the crime of larceny and the crime of damaging computer information system,which belongs to the implicated relationship and should be convicted and punished as larceny.