On The Behaviour Nature And Criminal Regulation Of Virtual Property Theft

Virtual property refers to the property rights which exist in the internet and can be dominated by a certain person and have certain value to be transferred between people.Recent years,the frequent occurrence of frequent theft of virtual property across the country.In the face of such cases,due to the lag of the law,leading to the legitimate rights of the victims was not properly protected and at the same time,the judicial organs trapped in the embarrassing situation that there are no statutes to apply.Therefore,it is of great practical significance to strengthen the theoretical research and legislation of the crime of theft of virtual property.Firstly,the virtual property has five characteristics such as virtuality,maturity,legality,value and the exchangeability.which belong to property in a sense of criminal law.Therefore,it should be protected by criminal low.Secondly,whether it is from the subject of crime and the subjective aspect,or the object of the crime and the objective aspect,the behavior of the theft of virtual property in accordance with the provisions of the criminal law of the 264th elements of the crime of theft.Therefore,it is the most appropriate choice to use larceny to evaluate the behavior of stealing virtual property.This does not violate the legal principle of crime,and does not exceed the possibility of national prediction,but also protect the legitimate rights and interests of the victims of such crimes.At this stage,we can use the method of enacting legislative interpretation or judicial interpretation to bring the behavior of virtual property theft into the scope of criminal law,until the time is appropriate,then through formulating amendment of criminal theft mode to officially bring the behavior of theft of virtual property into criminal code.Finally,as for the problems of using larceny to regulate virtual property,there are still several problems to solve.The first is the problem of calculating the value of virtual property;the two is the issue of quote responsibility;the three is whether to use mental damage compensation.As for the calculation of the value of virtual property,it is necessary to distinguish the differences the methods of obtaining the virtual property.According to the amount or the seriousness of the conviction or punishment,there will be some measures to punish.As for the quote responsibility,due to the particularity of this kind of cases,and the principle of inversion of quote responsibility should be adopted.And the question whether or not it should be used of compensation of mental damage,which should be distinguished according to the specific cases.As for victim who suffered from theft,and cause permanent damage or loss.And the virtual property has the symbolic meaning of personality.There should be regulated compensation for moral damage.