On The Criminal Law Protection Of Network Virtual Property

With the rapid development of Internet technology and computer technology,people’s life style is more colorful.While enjoying the convenience brought by network computer technology,the problems caused by it are increasing day by day,and the behavior of infringing network virtual property is becoming more and more serious,and most of the behaviors have reached the level that criminal law should punish.This paper is to study the protection of network virtual property in criminal law.Due to the lag of legislation,this kind of new network crime has no specific provisions in criminal law,which leads to various problems in judicial practice.According to the cases in the judgment network,there are 382 cases involving virtual property,including 112 criminal cases.Virtual property disputes are increasing day by day,and there are different judgments in the same cases.For example,in 2014,Yang obtained a large number of game props by using the loopholes in the online game system,and then sold them through other platforms,making an illegal profit of 1.1 million rmb.Finally,the court convicted and punished the crime of destroying the computer information system.In 2018,Xu and Yu cheated others to buy game coupons,and then stole other people’s game account by using Muma virus,making an illegal profit of 100000 rmb by selling game currency in the account.The defense of the defendant refuted that the public prosecution filed a lawsuit for theft,believing that it should constitute the crime of illegal access to computer information system data,and finally the court convicted and punished the crime of theft.From 2017 to 2018,Xiao used his post to use the instructions he had received in his work before,repeatedly entered the backstage database of mobile games developed by the company,and added game coins to his account free of charge through the editing program,resulting in a total loss of 2 million rmb to the company.The court considered it a crime of damaging the computer information system.It can be concluded from the above cases that different courts have made different judgment results for the same or similar cases.In addition,in the process of case investigation and trial,there will be problems such as the value of network virtual property is difficult to identify,and it is difficult to investigate and obtain evidence.Therefore,there is an urgent need to put forward specific suggestions and methods to protect the network virtual property.For example,at the legislative level,in view of the lack of relevant laws and regulations,we can clarify the legal attribute of the network virtual property through the amendment of criminal law or the introduction of legislative interpretation;at the judicial level,in view of the value identification and evidence collection of the network virtual property,we can establish the network virtual property The evaluation system and the measures to improve the protection of evidence to solve the practical problems.Through some specific suggestions to improve the current situation of insufficient protection of virtual property,which is not only conducive to the rapid development of Internet and other related industries,but also can reduce the emergence of related crimes.