Research On The Nature Of Theft Of Virtual Property And The Regulation Of Criminal Law

The development of information network is obvious to all of us,and the legal problems caused by it are also increasing.The criminal cases of theft of virtual property are endless,which has an impact on China's network security and stability.Especially in the case of theft of virtual property,the punishment of local courts the basis for sentencing is very different,which is also determined by the special nature of the virtual property.Therefore,this article will combine specific cases,focusing on the qualitative nature of theft of virtual property and the regulatory methods that criminal law can be improved.I think that virtual property and electromagnetic data have similarities and differences,while the property rights of virtual property are the most obvious.In the conviction and sentencing,theft virtual Property behavior can be handled as imagination concurrence,and special legal provisions can be added to regulate it.This paper is divided into five parts to explore the issues related to virtual property:The first part begins with the case of Yue stealing game gold coins,summarizing the cause of the case,the basic situation of the case,and the dispute points of the case.The second part analyzes the disputes in the subordinate procuratorate and the court,and comprehensively discusses the defendants' violation of the following crimes,mainly on the illegal acquisition of computer information data,theft,concealment,concealment the crime of proceeds of crime is unfolding.The third part mainly focuses on the disputed focus of the case,which is the attribute of virtual property.Combining the case to explore the difference between the virtual property and the information system data,the rationality of the virtual property right view,the virtual property protection under the imagination and the judicial inpractice,the influence of the principle of modesty of criminal law on the trial of a case.The fourth part discusses the present situation of legislation and legal protection of virtual property legislation at home and abroad.It mainly selects Germany and Taiwan,where the network information system is relatively perfect,Korea with advanced e-sports industry,and the United States with developed information technology.Analyzing and summarizing the enlightenment on the crimes prescribed of the virtual property in China.The fifth part puts forward its own ideas on the legislation of network virtual property crime in China,such as the legislative perfection of the theft clause,the definition of virtual property and civil rights protection,and the virtual property value identification standard.