Criminal Law Protection Of Virtual Property Of Network

With the development of science and technology,human society has entered the era of network.Network technology,like science and technology,is a double-edged sword.Although network technology is beneficial to improve the efficiency of social operation,it also gives rise to some legal problems.The criminal law protection of the virtual property of the network is not only the realistic need of the network age but also the necessary need of the rule of law era.First of all,this paper analyzes the typical cases of infringement of network virtual property in judicial practice,and extracts the dilemma of conviction and sentencing for practitioners.Then,trace back to the essential attributes of the network virtual property,and demonstrate the rationality of the criminal law to protect the network virtual property.Maximum After that,the criminal regulation path of protecting network virtual property is put forward.It is divided into three parts:Part one,ask questions.Academic circles have narrow sense,broad sense and general meaning about the meaning of network virtual property,the author supports broad sense,and defines it as the specific value data information stored in computer information system that can bring benefits to its subject.The common network virtual property is divided into three categories: account virtual property,goods virtual property and money virtual property.However,in real life,there are a large number of cases of infringement of network virtual property,because of the particularity of network virtual property,resulting in the judicial determination of such cases are different: some according to the non-filing or not guilty of handling;some as property crimes;some with the Computer crimes are criminalized;others are convicted of offences against freedom of communication.By comparing and analyzing the current situation of conviction and sentencing in the case of infringement of virtual propertyon the network,four disputes are concluded: insufficient legislative protection in the case of virtual property on the network,the dilemma of judicial judgment in the case of virtual property on the network,the difference in the amount determination of the case of virtual property on the network,and the difficulty investigating and obtaining evidence in the case of virtual property on the network.The second part,analyze the problem.The criminal law protects the network virtual property is reasonable,has the necessity and the feasibility.For solving the difficult problems such as conviction and sentencing of network virtual property cases,it is necessary to clarify the nature —— legal attributes of network virtual property,including the property attributes and rights attributes of network virtual property.Network virtual property has the property attributes of network attachment,transferability,virtuality,value and real form.In academic circles,there are real right theory,creditor's right theory,intellectual property theory,intangible property property right theory and new right theory on the right attribute of network virtual property.The author supports the real right theory because it satisfies the value and transferability of network virtual property Give way to basic characteristics such as sex.The third part,solve the problem.The author adheres to the viewpoint of the theory of virtual property real right,and puts forward the path of network virtual property criminal law protection under the premise of abiding by the basic principles of criminal law: first,it puts forward some legislative suggestions from the aspects of making and issuing separate legislation,judicial interpretation,legislative interpretation,criminal law amendment and so on.Secondly,the behavior of infringing network virtual property is divided into types.The operator's infringement of the user's virtual property constitutes the crime of intentionally destroying the property;the perpetrator's infringement of the operator's virtual property constitutes the crime of illegally obtaining the data of the computer information system.When the perpetrator only aims to obtain the information data by manipulating the computer information system.