Research On Protection Virtual Property By The Criminal Law

The generation of the Internet for the formation of the virtual property depends on the platform,the emergence of the online game virtual property form, and to participate in the online game virtual items are necessary to give value, become the material basis for the virtual property, more to become the first and the most public recognized type of virtual property. But with the rapid development of network virtual world, the network virtual property infringement are increasing, due to the present did not make special law about network virtual property, virtual property disputes judicial protection of no unified standard, many problems appeared in the process of judicial practice."Property" and "virtual" limited, make its different from traditional "property". Led to the current law is difficult to accurately adjust to its, to the protection of network virtual property, legal science. Scholars in our country for a lot of research on the nature of the network virtual property, related to the main theory of real right, creditor’s rights, intellectual property rights. The judicial protection on the basis of general principles of the civil law, contract law, property law, and intellectual property related law and judicial interpretation. But for criminal law protection of network virtual property, there are more negative attitude, because of statutory principle of crime of criminal law, criminal law does not specify the network virtual property related crime, some scholars think should not expand the use of criminal law in the field of network virtual property protection, but in recent years, network virtual property dispute cases involved the property mark is more and more big, the amount involved is becoming more and more social influence caused by more and more serious, the network virtual property in our country’s criminal law cases there are also many, therefore, in the online world of highly developed today, the research of network virtual property criminal law protection has the reality significance.