Qualitative Analysis Of Stealing Network Virtual Property

Cyber crime is a product of traditional crime in the context of network information age.Its essential feature lies in the cross-regional nature.As one of the types of cyber crime,cyber theft also has this feature.With the networking and intellectualization of social and economic life,the role of network virtual property is becoming more and more critical,and it has become one of the important targets of cybercrime.The identification of cybercrime has brought different challenges to the traditional criminal law rules.Compared with the means of real space theft,cybercrime as a means of crime reduces the difficulty of crime,but increases the difficulty of property risk prevention.Because of the complexity of the combination of network and theft,and the increasing prevalence of theft of virtual property,qualitative analysis of theft of virtual property is particularly necessary.This paper focuses on the qualitative analysis of theft of network virtual property,which is composed of six parts.The first part is the introduction,including the background and significance,research methods and current situation.Secondly,it elaborates the basic connotation of cyber theft,including the concept,characteristics and types.Understanding the network theft crime from the current legal provisions,comparing with the traditional theft crime,summarizes the characteristics of the network theft crime,which have the following characteristics: first,the network theft behavior is professional and technical;second,the network theft crime object is virtual;third,the network theft behavior is cross-regional;fourth,the network theft crime pattern tends to industrialize.Then it introduces the types of online theft through case studies,including personal online banking theft,network service theft,identity information theft and online game resources theft.Secondly,this paper analyses the important concept of network virtual property.Firstly,it defines the scope of virtual property.There are general theory,broad theory and narrow theory in the theoretical circle.Generalized theory and broad theory are less feasible and acceptable in reality.In narrow sense,the definition of network virtual property is limited to network games,which may be difficult to adapt to the development of network.This paper suggests that based on the network environment,we can combine the broad sense with the narrow sense to define the scope of virtual property.The legal attributes of network virtual property are also one of the main debates in academic circles.Some argue from the angle of property attributes,and some hold that it belongs to property rights,creditor's rights and intellectual property rights.Through the analysis of network virtual property in current laws and regulations,as well as the demonstration of its background,function and value attributes,this paper finally draws the conclusion that network virtual property has value attributes,which is no different from the "property" protected by law,and should be classified into the scope protected by criminal law.Thirdly,after the content of this chapter,it leads to the identification of theft of network virtual property.In judicial practice,there are the following definitions of theft of network virtual property: first,theft;second,infringement of freedom of communication;third,destruction of computer information system;fourth,occupation;fifth,illegal acquisition of computer information system data.This section uses case analysis and jurisprudence analysis to discuss how to characterize theft of network virtual behavior.Through the analysis of the object of crime,criminal acts and infringement of legal interests and other elements,it is concluded that theft of virtual property on the network does not meet the constitutive requirements of infringement of freedom of communication and computer crimes;in special circumstances,it will coincide with the crime of occupying duties,at this time,the relationship between legal provisions should be analyzed,and the principle of special law is superior to common law.Theft of network virtual property accords with the constitutive requirements of theft crime.After the support of precedents and theoretical analysis,the author puts forward the view that theft of network virtual property is the object of theft crime,the infringement of legal interests is the ownership and property rights of users of network virtual property,network theft is the extension of traditional theft crime in cyberspace,and criminal means from reality.Secret theft is transformed into secret theft in cyberspace,and the essence of theft has not changed substantially.Therefore,the nature of theft of virtual property should be determined by the relevant laws and regulations of theft.At the same time,in judicial practice,the nature of theft of virtual property on the network is also in a dilemma,resulting in the problem of jurisdiction difficult to determine.The reason lies in the separation of the place where the cybercrime occurs and the place where the crime results occur and the failure of territorial jurisdiction in cyberspace.In addition,it is difficult to identify the amount of crime,mainly because the value of virtual property is difficult to prove effectively,virtual property and value calculation are not identical,and the victim's loss is uncertain.There are also difficulties in investigating and collecting evidence,among which electronic evidence analysis is the main method.Electronic evidence is not easy to collect and preserve,and the process of obtaining evidence faces technical problems.In addition,the identity of the perpetrator and the victim is difficult to determine.The process of obtaining evidence is hindered,which affects the smooth progress of judicial work.Finally,aiming at the disputes and difficulties in qualitative analysis of theft of network virtual property,the author puts forward the construction of rules for the prevention and control mechanism of theft of network virtual property,and puts forward suggestions from three aspects: substantive rules,procedural rules and social rules,in order to better characterize and prevent theft of network virtual property.The accurate characterization of criminal acts takes time from perfecting laws and regulations to applying them to practice,and also requires the joint efforts of state organs and all sectors of society.We should base ourselves on the development of our national conditions,the legal system and the essence of theft,and devote ourselves to cracking down on theft of virtual property on the Internet and safeguarding the legitimate rights and interests of victims.