On The Legal Attributes Of Virtual Property And Its Protection Path

The view that the act of illegally stealing virtual property is concealed as a theft has limitations,and it does not correctly recognize the essential attributes of virtual property.In dealing with the problem of stealing virtual property,the rights attribute and property attribute of the virtual property should be clarified.Virtual property does not have the property of property,so it cannot be a property of criminal law.It is not a legal benefit to be protected by the crime of infringement of property.It is essentially a kind of computer information data,and the act of stealing virtual property is recognized as a computer crime.However,for the protection of virtual property,it is necessary to distinguish between different situations,and then choose the appropriate protection path.It cannot be considered that all acts of stealing virtual property constitute a crime.In other words,the content of each chapter is roughly as follows:Chapter 1: Defines the concept of virtual property,specifically defines the connotation and extension of "virtual property" through the definition of "virtual" and "property",and then points out the characteristics of virtual property,which helps to explore the virtual property.Legal interest attributes,and on this basis,the scope of virtual property is divided.Chapter 2: Introduces the academic disputes on the legal attributes of virtual property,analyzes related theories such as the theory of property rights,intellectual property rights,intangible property,emerging property rights and claims,and then discusses the rights of virtual property.The perspective of property attributes further demonstrates whether virtual property is a property of criminal law.Chapter 3: From the perspective of the principle of legal protection,the principle of legality of the crime and the principle of the last means to demonstrate the infeasibility of the illegal acquisition of virtual property to infringe on the crime of exploitation(mainly theft),and even some cases are not Constitute a crime.First of all,virtual property cannot be a legal benefit to be protected by theft.Secondly,the interpretation of virtual property as the property of criminal law is essentially an analogy of interpretation,and it violates the principle of the principle of criminal law.Finally,according to the requirements of the principle of the last means,the act of stealing the virtual property is sinned.It is considered that the act of the actor directly stealing the virtual property without entering the game data system does not constitute a crime.Chapter 4: For the illegal acquisition of virtual property,it is necessary to distinguish different situations and propose corresponding protection paths.In the case of the conviction of the last means of principle,the administrative law can provide protection for the crime.In addition to the act of stealing virtual property,in the case where the perpetrator invades the game data system,according to whether the agent and the victim belong to the same game user,it can be roughly divided into the following two situations.The method of protection taken is also different.For the first situation: the actor and the victim belong to the same game user.This situation is actually a kind of credit relationship.For the protection of the creditor’s rights,the criminal law should be cautious and based on the purpose of the actor to steal the virtual property.The punitive damages system in civil law can be chosen to regulate.For the second case: the actor and the victim do not belong to the same game,then the need to protect the criminal law needs to be explored.Specifically,first of all,it is necessary to demonstrate the necessity of protecting the criminal law for stealing virtual property,mainly from the perspective of the basic principles and standards for dividing the boundaries of criminal law.Secondly,after demonstrating the necessity of protection of criminal law,it explores the legal interest attribute in the protection circle of criminal law.Combined with the characteristics of virtual property mentioned in the first chapter,it is evaluated as data legal benefit.Therefore,computer crime can be Applicable,however,here is a detailed breakdown of the different behaviors in this case in conjunction with Article 255,paragraph 2,and 286 of the Criminal Law,and the key to the judicial interpretation involved.The place makes an argument.