Research On The Criminal Regulation Of Virtual Preperty Theft

In today’s information age,the rapid development of the Internet has been widely used in real life,such as using the Internet to play games,QQ account We Chat account to pay for goods,working at home and so on.Online game accounts,game equipment,QQ accounts can be sold for cash,these are also known as virtual property.As a new type of property interests in the Internet era,network virtual property has gradually entered people’s vision and produced a great impact on the social system and legal provisions,and the theft of network virtual property has also increased,such as the theft of various "coins","equipment","weapons",QQ accounts and so on.At present,there is a gray area in the protection of stolen virtual property in our country.At the beginning of the legislation,the legislators did not realize that the regulation of virtual property would become the target of crime.The criminals seized the characteristics of the blank of legislation on virtual property and exploited the loopholes in the law.People’s voice for cracking down on virtual property theft is getting higher and higher,especially some game players who have lost virtual property.Therefore,it is an urgent problem to regulate the Internet and the crime of stealing virtual property through criminal law.The legal attribute of virtual property cannot be determined,which is the fundamental reason that the virtual property is always in the legal gray zone.Whether the theft of virtual property can be regarded as the theft of ordinary property and whether the crime of theft can be convicted in accordance with ordinary theft is controversial in the theoretical and practical circles.The first part is the introduction of the article,which briefly introduces the background of the topic,that is,the current development status of the Internet,the reasons for the increasing Internet crime year by year and the urgency of the protection of virtual property under the current development background of the Internet in China.This paper introduces the research value and significance of theory and practice,research objectives and ideas,writing methods used in the process of writing,and finally briefly discusses the innovation and shortcomings of this paper.The second part.Introduces the basic content of property and virtual property,such as the concept,related regulations and characteristics.Comparing and analyzing the similarities and differences between virtual property and ordinary property in terms of concept,attribute and characteristics,virtual property has the characteristics of private,value and disposable of ordinary property,and the interpretation of virtual property as ordinary property conforms to the appropriateness of criminal law interpretation.The third part analyzes the great harm of stealing network virtual property and the necessity of bringing it into the scope of personal property protection from the perspective of reasonable and legal theory.First of all,the act of stealing virtual property will make citizens’ property rights infringed;Secondly,in addition to the infringement of private property rights,it will increase the number of disputes and lead to the existence of social instability factors,which is not conducive to social and economic development.Finally,it is analyzed that criminal law can directly regulate the theft of virtual property,but not as a supplementary means.The fourth part introduces the current situation of regulations on virtual property theft in foreign countries and Chinese Hong Kong and Chinese Taiwan.It introduces the current situation of regulations in South Korea,the United States and Germany in foreign countries,and analyzes the current situation of regulations in Hong Kong and Taiwan in China,which has reference significance for the mainland.In the fifth part,the author analyzes the reasons why the courts in Chinese mainland have different sentences for the crime of stealing virtual property in the same case,the focus of controversy and the problems existing in the protection of virtual property in China from multiple perspectives.The problems mainly focus on the following aspects,the lack of relevant legislative interpretation and judicial interpretation;There are different standards for determining the amount of crime;The main focus of the dispute is whether the price is recorded by the game operator or the market price of the virtual property;The penalty is applicable to a single,the author suggests to join the qualification penalty.The sixth part,according to our country for the crime of stealing virtual property penalty existing problems,put forward the author’s view of practical and feasible countermeasures,draw the conclusion that the crime of stealing virtual property should be sentenced to theft rather than computer charges,in order to facilitate the protection of virtual property.Private virtual assets such as game equipment and We Chat social accounts are inseparable from life.Some people even take games and the Internet as their work,and many players spend a lot of time and money on virtual assets such as games and accounts.Some "equipment" "treasure box" "high level account" of high value,the virtual property theft,its social harm is not smaller than ordinary property theft.Society is developing,facing the behavior of virtual property theft,criminal law should follow the steps of the society,advancing with The Times.