| With the development of Internet in our country,the network is closely related to people's life,and the phenomenon of network crime also presents a trend of multiple occurrence.The main crime is property crime,especially the theft of virtual property.Although it is necessary to revise the criminal law of our country in the aspect of computer crime,we should not talk about the nature of network virtual property and how to regulate the theft of this kind of property.The absence of law results in different judgments of the same case.Taking four cases in judicial practice as an example,due to the vague definition of virtual property and the changes and fluctuations in the theoretical development,there is a controversial situation of different judgments in the same case.There is no clear legal basis for the network virtual property in China.Therefore,when theft of such property occurs in reality,different judicial organs often have different opinions,mainly focusing on the four charges of infringing the freedom of communication,illegally obtaining computer information system data,destroying computer system and theft.The reason for the dispute lies in the differences in the understanding of the attributes of the network virtual property,whether it has the property attributes in the legal sense,and whether it can be included in the scope of criminal law protection.To eliminate the difference of judgment and standardize the judicial order,it is urgent to study the criminal judicial identification of the theft of virtual property,including the determination standard of accusation,crime form,crime amount and sentence.Compared with the judicial status and legal norms of the theft of network virtual property at home and abroad,this paper puts forward feasible suggestions for improving the criminal law regulation of the theft of network virtual property,so as to make some contribution to the criminal law protection of network virtual property in China.Figure 0;Tables 0;Reference 42. |
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