On The Criminal Law Protection Of Virtual Property In China

With the rapid popularization of computers and the continuous development of network technology,the prosperity and development of the virtual property market has brought opportunities.At the same time,various kinds of cases of illegal intrusion and theft of information that exist in the network frequently occur As a result,the sound of protecting virtual property by law is higher and higher.It has become an urgent social demand to protect virtual property by criminal means.The "General Provisions of the Civil Law of the People's Republic of China" formally implemented on October 1,2017 formally recognizes virtual property as a legal right and is inviolable.However,China's criminal law does not clearly stipulate whether the criminal objects of traditional property include virtual property.How to determine the nature of criminal object in the judicial practice of criminal case of infringement of virtual property,whether game equipment and QQ number can be used as the object of crime and how to convict and sentence and other controversial focuses.There is a certain connection between virtual property and real money property,which can be exchanged under certain circumstances.Therefore,virtual property has the general attributes similar to real goods,which have both Exchange value and use value It is a kind of independent intangible property with the property of reality transformation.It is necessary to protect virtual property in Criminal Law to maintain the scientific development of network information industry,to realize the healthy,harmonious and orderly network environment,and to change from private relief to public relief.At present,the protection of virtual property in our criminal law has deficiencies in both legislation and judicature.In practice,violations of virtual property are generally convicted and sentenced for the crimes of theft,robbery,violation of freedom of communication,destruction of Computer Information System,etc.And difficult forensics.Therefore,it is necessary to formulate a judicial interpretation of the concept of property in Criminal Law and clarify the application of the crime of illegal infringement of virtual property by bringing virtual property into the current criminal law system as soon as possible At the same time,we should establish a corresponding virtual property evaluation system through legislation and other means,and gradually improve the Criminal Law Protection System of virtual property in our country in solving the problems of obtaining evidence in virtual property cases It provides certain legal guarantee for the stability and prosperity of our country's virtualproperty market.