Reconstruction Of The Criminal Law System Of The Theft Of Virtual Property

With the further expansion of China's electronic network market,the number of various types of network virtual property represented by online game props has increased dramatically and the types have been gradually enriched.Although the concept of "network virtual property" has been put forward for more than 10 years,its External manifestations are always changing and developing.While bringing new challenges to the concept of traditional property crimes,the speed of their own renewal and change has also brought many challenges to criminal justice practices.Although our country has strengthened the law regulation to the crime in the computer field in the revision of the criminal law in recent years,there is still no definite regulation to the legal status of the network virtual property and the nature of the crime of infringement of such object,so that it is easy in the field of criminal justice practice Trigger more controversy.I write the main idea of the thesis,that is,try to analyze the criminal law scholars on this issue of traditional analytical methods and to explore changes in the path and try to explore the more traditional and based on the path to a more scientific and innovative solution.Based on "Network Virtual Property",the author screened more than ten related scholarly papers on CNKI for reference,and combined with monographs such as "Criminal Law" and "Criminal Protection of Virtual Property in Cyberspace" and related Internet Data,as theoretical support for essay writing.This article consists of the introduction,the text(four chapters),conclusion.Chapter One: Overview of the nature of virtual property.First of all,it points out that under the current theoretical background,the main reason for the qualitative problem of virtual property lies in the interposition of the theory of criminal and civilian.There is controversy over the definition of "property",which is mainly the dispute between "physical theory" and "bodylessness".Subsequently,summarize the views of many academic papers,summarizes several major characteristics of thenetwork virtual property.The second chapter: As this paper mainly discusses the qualitative behavior of theft of virtual property,under the premise of this behavior,the background and reason of this problem,that is,the development trend of this issue are analyzed and discussed.That is,due to the uncertainty of the virtual property itself and the change and fluctuation of the theoretical development,it leads to the unification of the penalty of the practical circles.The third chapter: In response to the questions raised in the previous two chapters,we reflect on the traditional research path and try to reconstruct it.Mainly discusses that the logic syllogism can not reasonably determine the property of the virtual property in the traditional research route.Therefore,it attempts to turn to the study of social relations,draws lessons from the theory of civil law and transforms the core of the problem from the nature of the virtual property to the social relations infringed by the theft the study.The fourth chapter: On the basis of the third chapter,this article concretely constructs the solution to the problem of the theft of virtual property.Mainly to clarify the nature of the various network participants located in the division of responsibilities,divided into: the relationship between users and third parties,the relationship between users and network operators and third-party network operators and the relationship.