Judicial Determination Of Theft Of Network Virtual Property

With the rapid development of the Internet and the increasing number of network users,virtual property has become a part of the main assets of network users.Cyber theft crime has also become a new way of illegal crime.After the network virtual property becomes the main target of crime,the security of the network virtual property is gradually concerned by the network users,which has a significant impact on the healthy development of the network economy.Therefore,the protection of network virtual property has practical importance and urgency,and the legal protection of network virtual property has gradually surfaced.However,there is no accurate identification mechanism for virtual property in the current law.There are different theoretical theories about the attributes of network virtual property,mainly including property rights,claims,intellectual property rights,and so on.At the criminal justice level,because the Criminal Code does not have a clear standard for the identification of virtual property crimes,the judiciary has also embarrassed the situation of different judgments.In order to solve the above confusion,first of all,through three similar cases of criminal justice infringing virtual property,the problems faced by criminal justice identification are brought forward.Secondly,the basic characteristics of virtual property and the theory of criminal justice identification are elaborated.Thirdly,from the perspective of crime composition,the paper analyzes the judicial identification mode of conviction of online virtual property,which is divided into single crime conviction mode and several crime conviction mode.This paper supports the conviction of several crimes and fully analyzes its superiority.Finally,on the basis of summarizing the issue of judicial recognition,it puts forward three suggestions on criminal legislation,the improvement of judicial system,and the judgment of court judgment,aiming at better solving the problem of judicial identification of criminality of network virtual property.