| Based on 55 criminal judgments,it is concluded that the nature of theft of virtual property is different in practice,and there are many opinions in the theoretical circle."Yue Zengwei Case" typically reflects the focus of controversy in judicial practice and theoretical circles.Virtual property possesses both property and data,and can be the object of property crime.To interpret virtual property as "property" does not violate the principle of legality.Simple network protection of virtual property,there are loopholes in punishment,which may lead to inadaptability of crime and punishment,neglect of the protection of personal legal interests,can not reflect the purpose of crime,and has limitations.The regulation path of theft of virtual property can not be simplified as the opposition between the property path and the network path,but should be analyzed according to the facts of the case.When determining the value of virtual property,different calculation methods should be selected according to the types and characteristics of the virtual property involved. |
