The Amount Of Virtual Property Crime Study Finds

The "Virtual Property" is one of the electromagnetic data, which exists in the network environment. It is fictional but under the processing of computer technology, it has the value of the real property. The Virtual Property belongs to the real right, and it has the property attributes in the criminal law. Any serious infringement of virtual property should be regulated in accordance with the Chapter5of Specific Provisions of our Criminal Law.In Chapter5of Specific Provisions of our criminal law, the object of property crime is the ownership of public and private property. Although crime amount which has important position in crime constitution is not the only criterion for the conviction, we should not ignore its effect when judging the behavior of violation of property being crime or not, misdemeanor or felony. But due to the instability of the value of the virtual property, how to identify the amount of crime is a difficult problem for the judiciary and the theory fields in the conviction and punishment of the Virtual Property crime. To address this issue, the article aims to propose that in the legislation, we should identify the crime amount of typical Virtual Property crime according to the exact way of obtaining the virtual property, accounted for the price of the network operators formulated, the price of the transaction between network user, the price of calculating socially necessary labour-time, etc. In addition, in the judicial practice, in the situation of some special forms of virtual property crime, such as robbing of the virtual property, encroaching the virtual property repeatedly, etc, our standard should be based on both amount and the other circumstances of a crime. Only in this way, can we provide a more rational legal basis for restricting the virtual property crime and cleaning the network environment.