The Study Of "Possession" Of Virtual Property

In recent years,the theoretical circle has basically formed the consensus that the virtual property crime can reach the possession,but also failed to further explore its substance.The reason behind this is that the possession system is not fully and accurately positioned in the criminal law system.Affected by the complete independence of the criminal law from the concept of civil law,it interprets the concept of possession differently and separates the normative possession from the factual possession,resulting in the difficulty of conviction and sentencing in judicial practice.Therefore,on the premise of adhering to the doctrine of moderated illegal monism,the coexisting relationship between the subordination and the independence of criminal law should be clarified,and both the factual and normative factors of possession should be emphasized.On this basis,when the possession of virtual property crime is determined,it should be noted that it is gradually similar to the possession of physical objects,but the standard of accomplishment of property crime tends to be "out of control",and different charges should be applied in combination with possession transfer in different situations of property crime.Apart from the introduction,the paper is divided into four parts:The first part,"the basic combing of virtual property crime".Firstly,it defines virtual property,and determines its property property in civil law and property property in criminal law.Then,based on the above,the virtual property crime discussed in this paper is limited.After that,it sorts out the present situation of the regulation of virtual property crime in the outer region,sorts out and sums up the views of the theoretical circle on the possession of virtual property crime,and finds out the problem,that is,the ambiguity and non-unity of possession identification.The second part,"the analysis of virtual property crime ’possession’ problem",mainly has the following four sticking points: 1.Secondly,criminal "possession" has not yet formed a general judgment criterion.By sorting out and classifying the main points of view of the theoretical circle,it is found that the dispute between the positioning of factual possession and normative possession lies behind the different judgment standards.Thirdly,the possessive normative factors are not clearly defined,either the "normative" is widely understood,or it is confused with the factual factors.Fourthly,the wrong value concept leads to the above understanding deviation,that is,it is excessively influenced by the utilitarian view of law,and excessively emphasizes the independence of criminal law.Finally,the author points to the relationship between criminal people and the status of criminal law in the legal order.The third part,"the theoretical basis for solving the problem of ’possession’ of virtual property crime",mainly analyzes the relationship between criminal people and the position of criminal law in the legal order,and tries to solve the dilemma.First,adherence to the doctrine of mitigated illegality is fundamental.Secondly,the guarantee status of criminal law confirms the fact that the subordination of criminal law and the independence of criminal law coexist in the modest spirit and legislation of criminal law.In addition,the relevant theories of the civil law system are also worthy of reference,that is,the theory of "society-normative" possession and the theory of "use reserved area" show the tendency that both factual and normative possession should be given equal attention.Finally,from the macroscopic perspective,we should adhere to the materialistic dialectical law view and view the problem objectively and comprehensively.The fourth part,"the realization path of ’possession’ judgment of virtual property crime",mainly puts forward the specific countermeasures against the above problems:First of all,the author makes a reasonable interpretation of the normalization of "possession",abandons the wrong idea that the criminal has different concepts,and demonstrates the importance of paying equal attention to both normative possession and factual possession.Furthermore,in the judgment of criminal "possession",the factual factors and normative factors are analyzed in a specific way,without distinction of sequence.In the judicial practice,it is also clear that the standard of accomplishment of acquired property crime should adopt the theory of control-out-of-control,and the normative factors of "possession" support the theory of necessity of disposition consciousness.Therefore,the crime of virtual property tends to apply the standard of "out of control",and combines with the theory of factual possession and normative possession to analyze the specific circumstances of different charges in specific cases.