The Qualitative Research Of Illegally Obtained Network Virtual Property

According to the 42 st China Internet network development statistical report released by China Internet network information center,as of June 2018,the face-to-face mode of Chinese Internet users reached 8.02 billion with a penetration rate of 57.7%,representing an increase of 3.8 percentage points over the end of 2017.In addition,China's Internet development report 2017 shows that China's rural information infrastructure has achieved leapfrog development,the capacity of telecommunications to provide universal service has been greatly improved,and100% of rural villages and towns and 95% of administrative villages have achieved broadband access.These data are sufficient to show the breadth and depth of China's Internet popularization.The game industry,as an emerging industry,has begun to flourish.As a derivative of the game industry,virtual property has been well known to the public,and even the influence of a considerable part of people owning virtual property has been constantly expanding.The online game has become the main way of entertainment in People's Daily life.Along with this,the theoretical circle and judicial practice are disputing about the legal laws of virtual property,the judgment of virtual property cases in judicial practice is very distorted,with the absence of legislation on virtual property in China,the illegal acquisition of virtual property has become moreand more serious.The problem of illegal acquisition of network virtual property urgently needs to be solved.This article will focus on the problems encountered in judicial practice to break the current judicial dilemma.In addition to the conclusion,the article is divided into four parts.The first part: from the definition of virtual property,elaborates the value of the criminal law regulation of virtual property;At the same time,the author's views on the legal attributes of virtual property are obtained by comparing the attributes of virtual property between experts and scholars,affirm the value of virtual property,and draw the conclusion that virtual property belongs to wealth.The second part: Through analysis of typical cases,it is clear that illegal acquisition of network virtual property is the imaginary concurrent relationship between larceny and illegal acquisition of computer information system data crime;it demonstrates the conformity of the constitutive requirements of the crime of larceny with the concept of normative possession;at the same time,it reveals the limitations of conviction of computer crime;Finally,it proves that illegal acquisition of network virtual property is a kind of theft.The third part: Comparing the protection methods of virtual property in China,Germany,South Korea and the United States,it mainly divides into: taking Germany as the representative,setting up a separate charge to regulate this kind of behavior;taking South Korea and the United States as the representative,bringing this kind of behavior into the regulation of larceny;providing reference for our regulation.The fourth part: Through the analysis of the current problems of the protection of virtual property in China.legislation,through legislative interpretation or judicial interpretation of the way to achieve protection is more reasonable;at the same time,the "computer data" will be increased to regulate object,the virtual property will be included in the scope of the object of larceny.Judicially,drawing lessons from the virtual property evaluation system of Korea-the virtual property management system,this paper proposes to introduce third-party social organizations to participate in the evaluation,establish a virtual property value evaluation system in line with China'snational conditions.Realize the standardization and specialization of the electronic evidence examination process;train the police and computer experts with the background of network technology to build a comprehensive quality of the judicial team;increase the responsibility of network operators,form a supporting system,network operators will be selectively included in the main category of network crime or will as a guarantor of the entire network operation,network operators stipulate their obligations.