On The Legal Nature Of Virtual Property And Its Criminal Law Protection

Cases of infringement of online virtual property continue to rise,but China 's laws lack comprehensive regulations.Civil law theories and criminal law theories continue to debate the legal nature of online virtual property.Judicial organs have different convictions and punishments for perpetrators 'infringement of online virtual property.The existing system of convictions can't be well convicted and sentenced,which has led to the need to further study the problem of virtual property on the network.The author combines the civil law theory with the criminal law theory and analyzes and draws the following conclusions: Network virtual property refers to a collection of data with property value that exists in the virtual network and can be controlled and managed by the right holder.Virtual property rights belong to a new type of property rights.The scope of online virtual property includes: online game accounts and derivatives and related objects of online games;"online virtual currency" represented by Bitcoin and Ethereum;online trading platforms and online stores;others have Network data representation of property value.Through the analysis of specific cases,it is concluded that there are problems when using the existing conviction and sentencing system to punish: the existing criminal law does not provide for the extension of the connotation of virtual property on the network;The regulations may lead to "pocketing" issues in the determination of the conduct.Based on the above problems,the author proposes to stipulate that online virtual property belongs to the category of property through legislative or judicial channels;promulgate special laws and regulations to convict and punish the behavior of infringing online virtual property;guide the judges to deal with the practice through the release of typical cases and guidance cases Relevant cases such as resolution measures;strengthen the training of network technicians;improve the identification technology of network virtual property and fix the evidence of infringement of network virtual property.