Research On The Behavior Qualitative Problem Of Illegally Obtaining The Network Virtual Property

The development of modern social network technology leads to the trend of complex and diverse types of network virtual property.The types and complexity of network virtual property are gradually increasing,and thus new contradictions are aroused.However,the nature of virtual property is still controversial in China,and the criminal behavior of illegally obtaining virtual property is not yet settled.Therefore,the illegal acquisition of network virtual property is a great problem in both legislation and practice.The root of the problem lies in the fact that China's criminal law has not yet recognized the nature of network virtual property.How to regulate such behavior and how to determine the amount of loss of the victim are the difficulties in determining the nature of illegal acquisition of network virtual property.By introducing the current situation of legislation and case list,this paper enumerates the problems in judicial judgment,and shows that the differences on the nature of this kind of behavior mainly occur between larceny and computer crimes.The reason for the divergence of charges lies in the unclear nature of the network virtual property.Therefore,this paper,by introducing the definition of property in civil law and combining with the definition of property in criminal law,makes a qualitative analysis of the nature of the network virtual property.And through combing the advantages and disadvantages of various methods of virtual property amount identification,combined with the standards of other countries,the specific application of the amount identification is discussed.At present,the research on the network virtual property is limited to the network game equipment,and most of the crime is the crime of theft or illegal access to computer information system data.This paper puts forward that the illegal acquisition behavior of different types of virtual property should be treated with different charges according to its characteristics and in combination with the type characteristics of network virtual property,so as to avoid computer crimes into pocket crimes and enhance the comprehensive protection of network virtual property.