Criminal Law Determination Of Illegal Acquisition Of Network Virtual Property

In this era where everywhere is inseparable from the Internet,people's life is also increasingly focused on the demand for entertainment spirit,the rapid development of the online game industry,so that the concept of network virtual property is familiar to people.The increasing variety of network virtual property also enables users to get a better experience in the game.Gradually,the demand for network virtual property increases and the market opens.But the trouble also followed,the illegal acquisition of virtual property of the network cases occurred from time to time.However,due to the lag of the law,the legal provisions do not clearly regulate such phenomenon.Due to the vagueness of legislation on this issue,the judgment of illegal acquisition of virtual property has not been exactly unified in the judicial practice.Network virtual property refers to the virtual property existing in online games,including but not limited to game equipment,game currency and other types.The academic circle has not stopped the debate on the attribute of network virtual property,and the two sides have different argumentation ideas,but through the analysis,whether from the perspective of civil law or criminal law to demonstrate,the affirmation is more reasonable,and does not violate the principle of legality.Therefore,this paper holds that network virtual property has dual properties,which is not only a kind of electromagnetic data,but also a property in the sense of law.Then in view of its dual attributes,the qualitative problem of illegal acquisition of network virtual property behavior will also appear to hold the situation of one word each.There are always different voices in the academic circles to classify it as computer crime or theft crime,or as the implication of two crimes,imagination concomitant or law concomitant.It can be seen from the concrete analysis that the crime should be characterized as theft from the Angle of criminal purposes and legal interests of criminal infringement.For the academic community that the amount of theft in the judicial practice is difficult to identify,should not be identified as theft,pen thinks that this does not constitute a substantive obstacle to characterize it as theft.After a comprehensive comparative analysis of several methods proposed by the academic community for the amount determination,it is considered that the classification should be determined according to the different subjects of network virtual property,so as to provide a different way of thinking for the solution of this problem.