Research On Criminal Regulations Of The Theft Of Network Virtual Property

Along with the rapid development of online games, great economic interests are brought about. But atthe same time, a series of illegal and criminal activities of online games also come one after another.Among them, the most prominent one is the violation of network virtual property in online games. Networkvirtual property exchanges with real currency through transaction, which reflects the value of exchange.Online games robbers eye covetously towards prosperous virtual economy and virtual property of highmaintain value. This results in frequent occurrences of network virtual property being stolen. Behaviors ofstealing virtual property online have become increasingly rampant. Therefore, behaviors of stealingnetwork virtual property has obviously become a harder-hit area.Rights need the law to protect, network virtual property as a newborn property, also need theprotection of the criminal law. How to use the criminal law means to adjust behaviors of stealing networkvirtual property, aroused the concern and discussion of the theoretical circles. At present, for the nature ofnetwork virtual property, law applies to behaviors of stealing network virtual property and other aspects,Chinese scholars have different views and opinions. China’s current legislations lack in the effectiveregulations of behaviors of stealing network virtual property, even don’t have clear provision for thenetwork virtual property’s property attributes. Due to the lack of legal basis, The judiciary in cases dealingwith behaviors of stealing network virtual property can’t reach a consensus. Therefore, it is necessary for usto make further explorations of these issues.Besides the introduction and epilogue, this paper is divided into four parts;Part Ⅰ: An overview of network virtual property. This section describes the concept of network virtualproperty and the nature of network virtual property. Network virtual property nature discusses these threeareas: network virtual property is in legal areas of the property; difference between the network virtualproperty in the traditional sense of the characteristics of the property; network virtual property as a right toobject properties. After analyzing its functions, scarcity and controllability, we conclude that we shoulddeem the network virtual property as property.Compared with the traditional sense of property, networkvirtual property has the characteristics of virtuality, dependence and time limit. We confirm network virtual property has the dual nature of the real right and obligatory right theories after negating the realright theory, intellectual achievement theory, intangible property theory and obligatory right theory.Part Ⅱ: The necessity and feasibility of the criminal regulation of behaviors of stealing network virtualproperty. In the analysis of criminal regulation of the status quo of theft behavior concerning virtualnetwork property in China, three typical cases have been respectively convicted and punished with thecrime of violating the freedom of communication,the crime of destruction of computer informationsystems and the crime of larceny. The necessity of Criminal Regulation reflects itself in three areas:Serious social harmfulness, the legitimate rights and interests of the urgent need to protect players and theobjective requirements of sustainable development of online game industry in China. The feasibility of theperformance reflects: it is in accordance to the restrictive principle of criminal law; it is feasible to explainthe network virtual property virtual property as property stipulated in the criminal law; the criminal lawshould be moderately involved in behaviors of stealing network virtual property virtual property.Part Ⅲ: At home and abroad the criminal Legislation comparison of behaviors of stealing networkvirtual property.This section describes and comparative analysis the status quo of extraterritorial criminallegislation and acts of legislation on the theft of network virtual property virtual property in MainlandChina Area. Among them, the extraterritorial criminal legislation in the theft of network virtual propertyof the criminal legislation includes Germany, Japan and South Korea these countries which are incontinental law systems, the United Kingdom, the United States these countries which are in commonlaw systems and Chinese Taiwan area.Part Ⅳ: The improvement of Chinese criminal regulation of the theft of network virtual propertybehavior.This section mainly discusses two aspects: the improvement of Chinese criminal legislationand the judicial identification of the theft of network virtual property behavior. The contents of theimprovement of criminal legislation includes: firstly, using in the legislative interpretation way,we couldclear the legal status and definition of network virtual property. Secondly, we could reconstruct the crime oflarceny and make the theft of network virtual property fit the crime of larceny. the judicial identification ofthe theft of network virtual property behavior consists of two parts: Finds of the amount of stolen networkvirtual property and judgment of the theft behavior of network virtual property as accomplished. Amongthem, after analyzing the "social necessary labor time","players testified,""Internet service providers proof","the black market","barter exchange " and other theory about the recognition of the amount ofstolen network virtual property,we make some feasible Suggestions on the recognition of the amount ofstolen network virtual property. Through the analysis of the theft behavior occurrence of time, place, andother aspects, it concludes that the act of stealing network virtual property crime standard should be mainlythe theory of control, supplemented by the theory of losing control.