The Analysis On Yuemou And Other Illegal Access To Computer Information System Case

Yuemou and other illegal access to computer information system in the case of the controversy focused on whether the online game gold coins belong to public and private property and theft of gold coins behavior should be identified as why the crime.Internet virtual property should be regarded as the public and private property in the sense of criminal law in China.From a worldwide perspective,the recognition of virtual property on the Internet has become a trend in legislation and judicature.From the objective reality,the virtual property has the objective value and the use value,has the controllability,the scarcity and the circulation,may by the people management,the disposition,the control and the use.From the perspective of criminal law interpretation,the virtual property as public or private property does not violate the principle of legality.According to statistical analysis,we can see that the existing judgments on the theft of virtual property for profit behavior more than for theft.In practice,there is also a judgment that theft of fictitious property is considered as the crime of infringement of the freedom of communication,the crime of illegally acquiring computer information system data and the destruction of computer information system.These judgments are deficient.From the analysis of the constitution of crime,it is found that the crime of infringing the freedom of communication does not accord with the objective and objective aspects of the crime.The crime of unlawfully obtaining the computer information system data also has the incompatibility with the crime object;The crime of computer information system is not comprehensive and does not accord with the objective aspect of this crime.Theft of virtual property for profit behavior in line with the crime of theft constitute a theft that is reasonable.