Study On The Difficulties In The Conviction Of Infringement Of Virtual Property

firstly,the second chapter summarizes the concept and characteristics of virtual property from the point of view of technology and economics,and then by the comparative study of the former theory of virtual property rights,finally,it is considered that the virtual property right belongs to the typical real right.The necessity and feasibility of protecting virtual property in Criminal Law are discussed in the third chapter,and analyzed the problems on the object and conviction of violation of virtual property,the behavior of infringing virtual property is divided into three types: infringement of operator’s computer information system data,violation of the user’s virtual property by operators,and violation of the user’s virtual property by others.Because of the ownership of the virtual property belongs to the user,the data of the computer information system that is not independent of the operator does not a virtual property.So,the data of the computer information system of the operator is not the same as the criminal content of the virtual property of the user.It may constitute a crime for operators to violate the virtual property of users to the extent of the seriousness of the circumstances in the absence of the victim’s commitment.Infringement of virtual property is not only a crime of infringing property,but shall be discussed and analyzed the different legal interests of infringement by different behaviors to carry the punishment fits the crime.Aiming at the problem of the amount crime of infringing virtual property,this paper briefly discusses the method of identifying the value of virtual property.