Qualitative Analysis Of The Infringement Of Network Virtual Property

With the advent of the Internet era,the Internet has become an inseparable part of people 's daily lives,and most of them are closely connected with the virtual property of the network.In this context,infringements on the virtual property of the network emerged endlessly,and the disputes on the virtual property of the network were numerous.After that,the virtual property of the network was recognized by the "Civil Code of the People's Republic of China" as a formal civil right.The legislative change is a positive response to the development needs of the Internet era.However,in the latest general rules of the Civil Law,this clause is only a mandate clause,and it is not clear that the virtual network property belongs to the property object protected by the civil law.The protection of the network virtual property still needs to find the basis from the current legal interpretation.The protection of network virtual property currently has property crime protection approach and computer crime protection approach.In order to apply the protection approach of property crime,it must conform to the syllogism of theft.Then the problem that must be solved is the attribute of the network virtual property and the method of determining the value of the network virtual property.At present,most of the judicial practice is based on the path of computer crime protection.The characterization of network virtual property is simple and clear,and the practicality is stronger.There is a cross between the crimes of computer crime.The introduction of quasi-official documents has a major impact on judicial practice.As a result,a large number of violations of online virtual property,personal information,and intellectual property rights have been characterized as the crime of illegally obtaining data from computer information systems,leading to a trend of "pocketing" of the crime.Computer crimes do not comprehensively crack down on infringements of virtual property on the Internet.Some behaviors that do not meet the requirements of computer crimes do not constitute computer crimes and cannot be punished with other property crimes.In this case,it may lead to indulgence crimes.Therefore,it is more reasonable to take the protection approach of theft to protect the network virtual property.This article is composed of three parts.The first is the introduction of network virtual property,the concept and classification of network virtual property,and the main features.Network virtual property mainly has three categories: account,currency,and item.The second part is to discuss the two existing ways of protecting virtual property in the network in judicial practice.Criminal law scholars have expressed their views on each of the two protection methods.The author combs the main controversies and opinions of the current scholars.The third part is mainly the author's explanation of his views on the violation of network virtualproperty.The author believes that although network virtual property has both data and property attributes,property attribute is the legal attribute of network virtual property,and solves the violation of network virtual property.The problem of qualitative behavior should be analyzed from the legal attributes.According to the existing criminal law,it is more reasonable to apply the crime of theft to protect the virtual property on the network.