A Qualitative Research On The Criminal Behavior Of Stealing Network Virtual Property

Under the background of the Internet era,a new form of property has emerged,namely virtual property.In recent years,the cases about the network virtual property frequently occur,especially the crime about the network virtual property theft kind occupies a considerable proportion in this kind of case.However,in judicial practice,the handling of criminal cases of theft of network virtual property is different,and the court decision of the same region in the same period may lead to different sentences.The difference of theoretical understanding and the confusion of judicial judgment make the criminal law character of stealing network virtual property is still in the fuzzy state,thus weakening the judicial credibility to some extent.Therefore,it is necessary to clarify the criminal law qualitative problem of stealing network virtual property in this context,in order to provide feasible ideas for judicial practice.This paper is composed of four parts:the first part is to propose the qualitative problem of criminal law of stealing network virtual property behavior,taking two typical cases in judicial practice as the entry point to preliminarily clarify the controversial issue of "different judgment of the same case".The second part mainly analyzes the nature of the network virtual property,specific respectively from two aspects of property rights and attribute is discussed,the present theoretical summary of different views,and the research to the theory of network virtual property basic attribute,thus offer of stealing network virtual property criminal law qualitative theoretical support.The third part is to explore and analyze the crime identification of stealing network virtual property,sort out the differences of cognition existing in the current crime identification,and make specific comments and analysis,so as to provide feasible ideas for the criminal law qualitative determination of stealing network virtual property.The fourth part proposes that the theft of network virtual property should be characterized as the final crime of theft,and elaborates on the limitations of the crime of illegally obtaining computer information system data and the rationality of the crime of theft respectively.The innovation of this paper is to reduce theoretical differences and regulate the criminal law application of such cases through qualitative research on the theft of network virtual property,so as to provide valuable reference for the trial of relevant cases of theft of network virtual property in judicial practice.