| The plug-in is following the newly emerging things which the network game's development develops, it is one kind attaches on the network game software's procedure, the game plays the family to be possible to break the game rule through it, obtains function which the game itself has not entrusted with, we are named "cheat" are the plug-in one kind.In recent years, Along with the network game's rapid development,the question which plug-in brought is also in recent years getting more and more prominent, plug-in destroyed the network game's balanced state seriously,has violated the game operator and the game plays family's benefit, has disturbed the network hypothesized society's normal order, restricted the net to tour the economical the development. Its social hazardous nature is also getting bigger and bigger, already appeared offends the criminal law the case. Because plug-in is one kind of newly emerging things, its mechanism is complex, great variety, moreover our country is also at the blank condition in view of the plug-in crime's legislation, this for regulated under the present criminal law frame plug-in has brought a series of difficulties, And the dispute biggest is about the plug-in crime qualitative question. This article selected discussed that Tan Wen Ming and so on illegal manufacture, the operation "Devil Illusory image" the plug-in document, the model, affected the biggest plug-in criminal case in recent years together. This case amount reaches as high as 2,800,000, controls debates both sides to dispute that the focal point are many, the Judicial organ interior opinion is not very also unified, the trying time is one-and-a-half year long time. The author hoped that through this article to the case related question's analysis, processes this kind of crime for our country to provide a spot support theoretically.This article altogether divides into the case to outline, the plug-in basic question to introduce that this case analyzes, our country present criminal law rules and regulations plug-in behavior existence question and the countermeasure four parts. the first part is the case outline, introduced case's basic case and the court decision, proposed finally this case disputes the biggest focal point question. the second part mainly introduced the plug-in basic question, including the plug-in production and the plug-in definition, the type and the harm, and the criminal activity might punish the nature to the plug-in right infringement to carry on the analysis. The third part revolved the focal point question which this case disputed to carry on the thorough analysis, and has carried on the appraisal to the court trying result. the fourth part introduced that our country present criminal law rules and regulations plug-in existence some questions, and aimed at these questions to propose some Countermeasures and the suggestion.this article embarks from the case, how manages the domain regarding the plug-in this kind of Internet game one kind of new illegal crime should qualitative, proposed own view and the opinion, the goal lies to the similar case correct qualitative puts forward the reasonable proposal. But actually to the similar case should how qualitative, author's viewpoint is also only one kind of academic on exploration,its feasibility also waits for the practice further examination. |
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