The Research On Theft Problem Of The Virtual Property Of Network Games

The emergence of the Internet, not only provided human being with new lifestyle, but also gave rise to a brand new concept: network virtual property. Online game industry was the representative of current network industry. With the rapid development of network game industry, disputes of online games occur frequently, and players'need for legal protect increased. Currently, this kind of case has reached the point of unavoidable in the judicial practice. Because of the lack of the law, about how to regard the network virtual property and how to handle it after being infringed, experts in academic and the judicial practice had a broad controversy. People did not know where to complain when a lot of virtual property rights were violated. Strengthening the legislation, and protecting the lawful rights and interests of massive online gamers is imperative. Based on rational elements of predecessors' point of view, I start from the introduce of concept and characteristics of online virtual property, analyses the legislating feasibility of network virtual property the need of protect for network virtual property. Then I probe into the difficulties on how the virtual property shall be investigated, give my opinion from the angle of the criminal law protection. This text is divided into four sections: The first chapter basically introduces the concept and features of network game, and characteristics and concept of the virtual property of network game, in order to get a detailed deep understanding before starting the discusses into theft crime of virtual property of network games. After demonstrates of this chapter, I think that the virtual property of network game has the sense of general property and should be regarded as the object of legal protection.The second chapter demonstrates that the need for legislation for the virtual property of network game is urgent. Because, with the rapid development of network game, this kind of case has reached the point of being unavoidable in the judicial practice. By the contrast of the present situation of our country's legislation and the situation of foreign legislation on the virtual property of network game, I try to find out the places worth learning.The third chapter emphatically introduces the three main difficult problems existing in current theoretical and judicial practice of legislation for virtual property of network game: hard for investigation and evidence collection, hard to identify the amount, and hard to identify the accomplishment. Based on the analysis of theory and practice experience, combining with the practice of some discussion, I put forward several my own opinions and Suggestions.The fourth chapter is about the outlook to legislation about theft crime for virtual property of network games .I think that it is urgent to take the action of theft crime for virtual property of network games into criminal law regulation. However, because of the characteristic of theft crime for virtual property of network games, it is for the best to use the judicial interpretation and criminal law amendment and put classifies it as "theft" in the current legislation condition. I hope to contribute a little to the process of accelerating the legislation and criminal law protection for virtual property of network games.