Study On The Case Of Mr.Long Steal Network Virtual Property

Living in the era of the Internet,we do not deal with the network of virtual goods.Although the network virtual goods have become an indispensable part of life,but because of the lag of law inherent defects of current legal protection,the network virtual goods are still at a relatively low level,far from the need of judicial practice.In real life,it is very common to steal network virtual goods,because of the lack of legal provisions,as well as different views of the theory,judicial practice in such cases is not consistent.Different codefendant situation is not the criminal law protection of network virtual goods,is not conducive to the maintenance of the legitimate rights and interests of victims.The author aims to analyze the handling of such cases through the analysis of the case of theft of virtual goods,such as dragon,etc..First of all,the paper analyzes the virtual property of the network belongs to the criminal law.In this regard,there is a distinction between positive and negative theory in academic circles.Definitely say that Q coins and other virtual property although exists in the electronic world abstract,but it belongs to labor income,have economic value and can be sold in the market,belong to the criminal law of property.Negative say that the basic properties of Q coins and other virtual items do not have the property.In this paper,it is explained that the other property stipulated in article ninety-second of the criminal law is in accordance with the national predictability,and does not violate the principle of legality.Secondly,whether mr.long et al theft of Q coins and other virtual goods constitutes a crime.Some scholars believe that the theft of network virtual property into the scope of criminal law regulation,there are legal obstacles,contrary to the principle of a legally prescribed punishment for a specified crime and the principle of modesty of criminal law.Some scholars believe that the crime constitutes a crime because of the theft of network virtual goods,such as the dragon has serious social harm,and the protection of network virtual goods is a natural extension of the protection of traditional property.In this paper,the author believes that the theft of virtual goods has serious social harmfulness and should be included in the scope of criminal law regulation.Again,mr.long et al theft charges Q coins and other virtual goods,how to identify.The idea that mr.long et al theft of Q coins and other virtual goods constitute illegal access to the computer system with a view of the crime,constitutes a crime of theft.In this paper,the crime of theft.Finally,according to the amount of theft of virtual goods are defined,the author believe that according to the network service provider to determine the sales price,users or in the use of the actual expenses as the standard to determine.