Qualitative Network Virtual Property Infringement Behavior

With the network game industry vigorous development and increasingly,network virtual property become the focus of people. The network game equipment isthe main form of virtual property in network, the network virtual property crime isoften based on infringement of network game equipment. Although the networkvirtual property infringement crimes happens frequently, because of China’s currentlaw does not clearly defined for the network virtual property, network virtual propertyinfringement crime lead to violations of qualitative varied in judicial practice,thesentencing of varying severity, and the results vary widely.In this paper by analyzingthe case of Zhang network virtual property infringement, explore the property statusof network virtual property, violation of the qualitative behavior of network virtualproperty, violation of the amount of network virtual property damage and otherissues identified and proposed to improve the protection of our country criminal lawadvice network virtual property.Addition to the introduction of this article is divided into four sections:Part I: The basic situation of the case. First of all, introduced Zhang theft caseand case; then, conduct the prosecution, the defense lawyer, the court of Zhangwhether crime or not, differences of opinion, how to determine the amount of crimecrime; finally, the differences of opinion summed up the three focus.Part II: Theoretical analysis of related issues. Firstly, concept, characteristicanalysis of network virtual property disputes, introduces the theory of the legal statusof virtual property, and prove that network virtual property belongs to the criminallaw of our country on the significance of "private property" and the behavior of Zhangto evaluation of criminal law; secondly, the Zhang’s behavior should be recognized astheft of "secret steal" can not be identified as illegal access to computer informationsystem data or the crime of robbery in "other means"; finally, determination of thecrime amount of controversy and standard are discussed and analyzed.Part III: The analysis and conclusion of this case. According to the aboveanalysis, the "English" is the criminal law protection of "private property", Zhangbehavior crime, the criminal case, the amount of twenty thousand yuan conclusion.Part IV: The case study of enlightenment. The author analyses the legislativeform to confirm the necessity of the legal status of network virtual property, protection of network virtual property and status of foreign criminal law, somesuggestions on the protection of network virtual property criminal law made in china.