Research On Criminal Law Regulation Of Theft Of Virtual Property

Currently,the rapid popularity of the internet in China has propelled the highspeed development of the internet economy and also led to the emergence of virtual property in the online world.However,as more and more people become aware of virtual property,the judicial system has seen a rise in cases of virtual property theft,which infringe upon the legitimate rights and interests of the people.Unfortunately,the current criminal legislation in China does not have specific provisions for virtual property theft,resulting in controversy and issues in the regulation of such crimes.Based on typical cases and judicial data analysis,this article has found that in current judicial practice,the criminal nature of virtual property is still not clearly defined,there is still controversy over the charges that should be applied to virtual property theft,and there are multiple standards for evaluating the value of virtual property.Therefore,this article first analyzes the problems and controversies surrounding virtual property theft,which stem from the ambiguity of the legal nature of virtual property,the diversity of the interests violated by virtual property theft,and the limitations of the current valuation standards for virtual property.Secondly,by examining relevant foreign laws,the article searches for insights that can be applied to China.Finally,based on the above analysis,the article puts forward suggestions for improving virtual property,including: first,recognizing virtual property as property in the legal sense and adopting the creditor’s rights theory to clarify that virtual property is a "property interest" carried by creditor’s rights,and including it in China’s Criminal Law for protection;second,proposing the use of theft as the charge for virtual property theft,and analyzing the reasons for this;and third,suggesting the development of standardized valuation criteria to comprehensively protect virtual property rights.