Research On Criminal Law Regulation Of Online Game Plug-in Behavior

With the development of the online game industry,the problem of plug-in behavior also follows.The cost of criminal behavior by cheating program is low,but the profits are often huge.Therefore,the phenomenon of plug-in behavior in the online game industry is more and more rampant,which seriously hinders the vigorous development of the online game industry and has serious social harm.Only relying on online game developers and operators to carry out security technology testing in the game is not enough to cut off the plug-in behavior.There are some plug-in behaviors with serious social harm,which hinder the development of online game industry.However,there is no relevant legislation on the protection of online game industry in China,so how to apply criminal law to regulate the behavior of plug-in behavior still needs to be discussed.This paper first introduces four typical cases,summarizes the two controversial focuses of the plug-in behavior in the criminal justice practice,that is,the property of the plug-in is not clear,and there are differences on the accusation of the plug-in behavior.Secondly,discussed the definition and classification of plug-in,suggested that plug-in should be defined from the perspective of law but not computer technology.The plug-in behavior can be divided into making&selling plug-in and using plug-in.The necessity of applying criminal law to regulate plug-in behavior is pointed out by explaining the social impact and harm caused by plug-in behavior.Thirdly,it analyzes the current situation and issues of the application of criminal justice of plug-in behavior.In judicial practice,making&selling plug-in is often regarded as illegal business operation,providing programs and tools for intruding and controlling computer information system illegally,infringing copyright and selling infringing copies;using plug-in is often regarded as the crime of destroying computer information system or illegal business operation.Points out the defects and problems in the regulation of plug-in behavior with the above charges.Finally,through the analysis of the legal interests infringed by plug-in behavior,discusses that plug-in behavior is an act of infringing copyright,not illegal business operation or traditional computer crime.This paper puts forward a new solution,which is to add a new article under the current provisions of the crime of infringing copyright for apply the criminal law to regulate plug-in behavior so it can make up for the defect that the current provisions of the crime of infringing copyright can only regulate the act of infringing the right of reproduction and distribution.And it is not suitable to use criminal law to regulate boosting or just using plug-in for no seek profits for now.