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The Criminal Law Protection Of International Virtual Property

Posted on:2011-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:W J ChangFull Text:PDF
GTID:2166360305477393Subject:Law
Abstract/Summary:PDF Full Text Request
As the development of the Internet, makes our space and regional concepts tend to fade,and network game got public's recognition and favour, make the virtual property of network arise at the historic moment. But the development of anything like a double-edged sword. In recent years, the network hypothesized property infringement cases occurred frequently, not only harm the lawful rights and interests of the parties and also harm our network industry development and social harmony and stability. In such a case, the criminal legislation still belongs to the vacuum regions, Judicial authority could be in poor. This paper tries to see domestic and abroad the research achievements and legislation, try to protect the virtual property of network solution of the criminal law.This paper has introduction, body, and conclusion points in three parts.The first part: this paper expounds the virtual property of network and it's development of history, and then, on the network hypothesized property concept, characteristics and the legal attribute, and the theoretical reference on the network hypothesized property of the nature, the legal attribute of the relevant theories. Finally put forward some opinions.The second part: by such a case that is present on the network hypothesized property crime main types, and summarizes the characteristics of the fictitious property of network crime. And then based on the network hypothesized property law protection status. In this part , the first in china and Hong Kong and Taiwan regions of the virual property of network protection status of criminal law.,andpoints out the shortcomings of the current legislation and judicial practice problems. Then some of the game industry is developed countries such as the United States, South Korea, Japan and other countries of the vierual property of network protection law is discussed.The third part: infringement of the fictitious property of network crime status and characteristics. This section lists the typical cases by such instructions in the fictitious property of network crime on the main types, and summarizes the characteristics of the fictitious property of network crime.The fourth part: in our criminal law to protect the fictitious property of network of thinking and Suggestions. This part of other countries by about network crime legislation pattern and reference in China and proposes the fictitious property of network in the criminal law protection can adopt a gradual legislation mode, namely the legislative interpretation on certain legal status of virtual property, in order to increase the amendments to the criminal law amendment or infringe upon the fictitious property of network crime charges for the basic mode, progressively establish relevant decree of the fictitious property of network crime, criminal law for the time is ripe for infringement of the fictitious property of network system of criminal law and criminal fully-revised and finally and hope our network virtual property legislation in China, in order to ensure early Internet industry development and social harmony and stability.
Keywords/Search Tags:networkgame, Internetional virtual property, criminanl law protection
PDF Full Text Request
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