Recognition Of The Crime Of Illegally Obtaining Data From Computer Information System

With the advent of the era of information network,network virtual property plays an important role in business and people's daily life.Network virtual property contains enormous economic benefits.Because of this,the illegal acquisition of network virtual property is increasing.How to regulate the infringement of network virtual property by criminal law has become a difficult problem in judicial practice and theory.This paper intends to sort out and analyze the typical cases in judicial practice and summarize their controversial issues,with a view to benefiting the accurate characterization of illegal acquisition of network virtual property.The full text is divided into four parts.The first part will sort out the judicial judgments of illegal access cases in practice,and briefly summarize the case and the focus of controversy.The second part will define the concept of network virtual property and clarify its concept extension.There are two views on the concept of network virtual property,one is in the broad sense,the other is in the narrow sense.This paper holds that in a broad sense,all valuable digital objects dominated by the subject in the network world are regarded as virtual property of the network,which blurs the criminal law's classification-oriented charges setting,so it is not advisable.In the narrow sense,the theory of online game property limits the virtual property to the property in online games,which is too limited.This paper holds that the network virtual property only exists in the network virtual environment.The network virtual property is different from the traditional property.Firstly,it refers to the virtuality,which is the premise of the existence of modern Internet digital technology,and is different from the objects existing in the real space.Secondly,it is controllability,which is the common characteristic of network virtual property and real property,that is,network virtual property can be managed and utilized by the main body.The other is specificity,including the specificity of scope and quantity.Finally,permanence refers to the permanence of network virtual property.The third part will analyze the way to regulate the theft of network virtual property,and reflect on the existing problems.The main way of property oriented path is to expand the concept of property.The main reason is based on the principle of the protection of legal interests.The protection of social legal interests and national legal interests should be based on the protection of personal legal interests,and the protection of the order of network virtual property should be based on the protection of personal property interests.And the concept of property in our country is not limited to tangible and intangible things.It has a wide range of semantics,which can include property interests and virtual property on the Internet.But there are many problems in the way of property.If there are deviations in methodology,we should confuse "feature analysis method" with "factor analysis method".Mistakes the legal interests infringed by illegal acquisition of virtual property on the Internet.The path of property obscures the validity of the constituent elements,and there are drawbacks that the amount is difficult to ascertain.The fourth part will discuss and prove the way of data path.This paper holds that the virtual property of the network is the tool of fulfilling the contract of the network service.The value of the virtual property of the network lies in the sense of user experience.The value of the contract of the network service is not equal to the value of the virtual property of the network.The data path is based on the fact that network virtual property does not have the right to the world,it does not have value attributes,and the place and utility of network virtual property are mainly in the virtual world.The data-based approach can achieve the adaptation of crime,responsibility and punishment,and conform to the legislative trend of the network era...