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Research On The Crime Of Making And Selling Online Game Plug-in

Posted on:2021-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z K RenFull Text:PDF
GTID:2416330626462632Subject:Criminal law
Abstract/Summary:PDF Full Text Request
As is known to all,the most important thing of an online game is playability and fairness,and the network game plug-in USES computer technology to destroy the internal rules of the game,to obtain illegitimate interests,greatly destroy the fairness and playability of the game.The proliferation of a game plug-in will directly lead to the suspension of a game operation,game developers and operators suffered heavy losses,if the network game plug-in in the entire network game market flooding,then the entire network game industry will face a crash.At present,China has become the country with the largest annual market revenue of online games,and the online game market cannot be ignored.Therefore,the regulation of online game plug-in behavior by law is of great significance to the entire market of online games and the industry.But through the analysis in view of the network game plugin crime judgment and finishing,can be found at present our country the network game plugin the crime in that there exists a chaos,destroyed the justice unity,impeded to crack down on Internet crime game,which is unfavorable for the protection for the network game industry overall.From the point of view of the illegality of online game plugins,there are many kinds of online game plugins and their operating principles are different,which has caused a certain amount of trouble to the judicial judgment.At present,there are mainly three ways to convict the crime of online game plug-in from the perspective of criminal law,that is,the crime of infringing on copyright,the crime of illegal business and the crime of endangering the security of computer information system.Due to the unfamiliar operating principle of online game plug-in,the court often considers the plug-in as a copy,and considers that the plug-in needs to invade or destroy the running server of online game to obtain illegal interests from the server,so as to choose one of the three crimes mentioned above,which leads to the inconsistency of judicial judgment.In addition,the current laws and regulations on online game plug-ins are not perfect in China,and there is a certain lag,although the relevant departments have some understanding of this,and issued some judicial interpretation of the provisions,but these judicial interpretation is difficult to fundamentally solve the problem.At the same time,these judicial interpretations do not have a legal definition and classification of online game plug-ins,or generally put them into a category,ignoring the internal technology and complexity of online game plug-ins,the guidance of judicial practice is limited.This article from the perspective of network game plugin crime criminal illegality,through the concrete analysis of the principle of all kinds of external operation,combining the different crime constitution of crimes,think of these networks in general game plugin convicted and punished in crime of illegal business behavior is more correct,at the same time for special situation analysis,for example,copy the source code of the plugin should be convicted and punished for copyright infringement crimes,computer virus to carry the plugin should be considered to endanger the safety of computer information system crime of competition,and so on and so forth.This paper makes clear the criminal regulation path of online game plug-in crime in China,and finally makes relevant comments on the typical cases in judicial practice,so as to better combine theory with practice.
Keywords/Search Tags:Online game plug-in, opyright, illegal operation, computer system security
PDF Full Text Request
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