Research On Judicial Determination Of Manufacturing And Selling Online Game Plug-ins

The online game industry has developed rapidly in recent years and has become a new growth point for the national economy.While the game industry is booming,online game plugins are rampant.Relying solely on civil or administrative means is not enough to regulate such behavior.Therefore,it is the general trend to make use of criminal law to make online game hanging behavior.Producing and selling online games is a new form of cybercrime.How to carry out judicial determination of such behavior has received widespread attention from all walks of life.However,the judicial determination of the production and sale of online game plug-ins is quite controversial,and the phenomenon of "different judgments in the same case"has appeared,which has seriously affected the uniform application of the law.In order to provide an effective solution to the judicial determination of the production and sale of online game plug-ins,this paper discusses from the following aspects.Firstly,by examining and summarizing the typical cases related to the production and sale of online games in judicial practice,the focus of controversy in the typical cases is clarified.（1）the concept of outsourcing is not clear;（2）There is no clear distinction between making and selling online game hanging behavior;（3）There are differences in the conviction of online game hanging behavior Secondly,in judicial practice,the production and sale of online game plug-ins have resulted in different judgments with the same case,which damages the credibility of judicial activities.so,it is necessary to discuss the difference between the charges involved in the production and sale of online games hanging behavior,and make evaluation on the judicial cognizance of typical cases.Finally,in view of the controversial focus of typical cases,combined with the academic point of view of relevant scholars,and then put forward the improvement Suggestions of the judicial cognizance of online game hanging behavior,specifically,the following factors should be included:First,clear the legal concept of online game hanging;second,adhere to the objective priority of judicial cognizance;third,the nature of making and selling online games hanging outside is an act that violates the indigenous rights of games,and it should be convicted and sentenced according to the crime of infringing the indigenous rights.