Research On Judicial Determination Of Illegal Acquisition Of Online Virtual Property

In the network era,the crime which takes the network virtual property as the subject of the crime is the new crime pattern,is directly impacting the traditional criminal law theory.Network virtual property comes from network,and is not a legal term.Although Article 127 of the Civil Code of the Civil Law of the People’s Republic of China has incorporated the concept of “Network virtual property” into civil law,that is only a declaration and has not made clear relevant provisions.At present,because of the lag of the law and the different viewpoints of academic schools in theoretical research,the judicial practice is very confused in deciding cases of illegal acquisition of virtual property on the Internet,which has greatly affected the credibility of the judiciary,it is important and necessary to study the judicial cognizance of illegally obtaining network virtual property.First of all,the network virtual property should have the legitimacy,objectivity,data,dependence,value,reality,dominance and exclusiveness,which is a kind of property interest which has not been promoted to the right,network virtual property is not only the data,but also the property protected under the Criminal Law.Official pricing is preferred for the calculation of value.Furthermore,define the act of illegal obtaining,analyze the act of implicating and the act of imaginative concurrence;finally,consider that the act of purchasing account password constitutes the violation of citizens’ personal information,illegal log-in account transfer of its internal network virtual property behavior constitutes fraud and destruction of computer information system imagination coincidence,a typical case of Yue illegal access to network virtual property case of the proposed solution to the crime of fraud.