The Penal Regulation Of Invading Network Virtural Property

With the developing technology, the Internet is becoming an new industry. The network spreading brings virtual property booming, and it becomes a feature that distinguish the modern society from the traditional society. For the virtual property emerging, whether the academia, the legislative community, and the administration of justice are seemed unprepared. Now, in our country, there is no law has defined the"virtual property". However, the current cases about invading virtual property are outbreaking largely around us. If we can not properly protect the virtual property, the internet users will inevitably lead to loss of confidence in the entire network industry, and the network operators will lost confidence in the society, then lead to social unrest. Therefore, developing the criminal law of protecting virtual property is the legislative workers priority. This paper is started from analyzing the definition and legal characteristic of virtual property,then reference to foreign countries, HongKong and Taiwan's legislation and judicial practice,so that try to find out the legislative path which matches China's status, to address some problems after invading virtual property is criminalization,and to make sure our country's network industries can develop continuously and healthy.This paper includes introduction,chapter one, two, three, four, five and conclusion.The first chapter by analyzing the network definition of virtual property and legal characteristic, point out that the virtual property has property characteristic. Then by comparing the real rights, creditor's rights and intellectual property rights, draw a conclusion that the virtual property is a new type of property rights.The second chapter introduces the legislative status of protecting virtual property and cybercrime legislative model in some foreign countries and regions. Although they are disagreement at cognizancing legal characteristic, they all deem that should use criminal law to regulate the action of invading virtual property. This is an excellent reference for our country's legislation and judicial practice.The third chapter, from four aspects of social harmfulness of invading virtual property,serious situation, the judicial Status of same case- different verdict and irrational occurrence of self-help force, expound the necessity and appropriateness of protecting the virtual property through the criminal law.The forth chapter discusses cybercrime legislative model for our country, and point out that should take the "point-line-flat-body" progressive-type model.The last chapter intends to address some problems after invading virtual property is criminalization, such as calculating the amount of virtual property, measuring penalty,identifying accomplished and attemped crime, and whether corporate can be the subject of the crime of invading virtual property.