Determination Of The Nature Of Transferring Virtual Property

As the protagonist of the information age,the Internet was born in the 1970 s.Due to its unique living environment,all the data and materials contained therein contain virtuality,and virtual property is one of them.We can't describe the typical characteristics of virtual property through the physical structure,but the economic principles behind it are generally the same as real money.This is why people can quickly accept it.Therefore,it is certain that virtual property belongs to the category of property and should be protected by criminal law.The qualitative nature of the transfer of virtual property is the key to solving the more common infringement of virtual property.Therefore,this article selects the nature of the transfer of virtual property as the research object and attempts to conduct an in-depth study from the perspective of the transfer of virtual property.The thesis is mainly divided into three sections: Section one only about the concept characteristics and type analyzing of virtual property,and clarifies that virtual property should belong to the category of property protected by law.Users should have property rights to virtual property.When virtual property is violated The penalties shall be convicted for the crime of property violation.The infringement of virtual property has its unique characteristics compared with traditional property crimes.Therefore,according to traditional property crimes,the problems cannot be completely solved.By referring to the status of domestic and foreign legislation on virtual property,it is suitable for the protection of virtual property in China.Measures.The second part mainly analyzes the entity and procedural issues in the process of handling virtual property in China.The main manifestations are that the conviction of the theft of virtual property is not uniform in the entity,the fraud of the virtual property is not standardized,and it is difficult to determine the value and subject of the virtual property in order,and it is difficult to investigate and obtain evidence and execute it.The third part improvesthe system of protecting virtual property from both theoretical and practical aspects.It is recommended to start with the transfer of virtual property itself,taking the two typical transfers of virtual property as theft and fraud as an example to solve the entity problem;promulgate legislation and judicial interpretation unified case filing and judgment standards,and then use judicial practice to make up for the protection of virtual property protection mechanism The loopholes in the legal procedures,and finally establish a series of virtual property management system to eventually form a virtual property protection mechanism,I hope this article is helpful to improve China's virtual property protection system.