The Criminal Law Qualitative Research On Theft Of Virtual Property Of Network Account

The emergence of virtual property is a typical representative of the change of criminal object in the network era.Aiming at the crime of virtual property,it usually has a strong professional and technical nature,coupled with the deviation of the legal nature of virtual property,which leads to the confusion of the application of traditional criminal law.For example,in the domestic judicial practice,some of the acts of stealing account virtual property are punished by the crime of infringing the freedom of communication,some by the crime of theft,and after the introduction of the criminal law amendment(7),in practice,the crime of computer is preferred.Different ways of dealing with cases reflect different ways of criminal protection of virtual property,and at the root,it represents the conflict between the legal interests of virtual property.In the past,the study of virtual property in criminal law mainly focused on the nature of virtual property in online games and the regulation of related crimes,thus reaching a "one size fits all" conclusion.In fact,virtual property has many properties,such as property,data and information,which represent that virtual property can claim many kinds of legal interests at the same time.The core of controversy in theory and practice is the multiple legal interests of virtual property.Criminal law is the law of protection of legal interest.According to different types of legal interest,there is a primary and secondary relationship in the protection of criminal law.Therefore,the nature of criminal law on the infringement of virtual property should be determined according to the different legal interests of virtual property.As personal legal interest,property legal interest hould take precedence over the realization of network order and information safety as super personal legal interest.This paper takes the virtual property of network account as the research object,focusing on the criminal law qualitative problem of stealing virtual property of network account.In addition to the introduction and conclusion,it is divided into the following four parts: the first part is an overview of the basic nature of virtual property.This part starts with the concept of virtual property to define the scope of virtual property.At the same time,through the analysis of the objectivity,value and controllability of virtual property,the property nature of virtual property is affirmed from the perspective of attribute based on criminal law.Secondly,it expounds the concept and type of account virtual property,and analyzes the purpose and reason of stealing account virtual property from the realistic level.The second part is the analysis of the judicial status of stealing account virtual property.Through specific cases,this paper analyzes the different ways of dealing with the behavior of stealing account virtual property and the reasons for adjudication in judicial practice,among which the crime of infringing the freedom of communication is less applicable in practice,while the current disputes mainly focus on the differences between the application of theft and computer crime.The third part is to sort out the different protection paths of virtual property in theory,so as to get the root proposition of the conflict of multiple legal interests of virtual property.The fourth part explains and defines the behavior of stealing virtual property of network account by using the theory of legal interest protection rank.At the same time,it also discusses the black industry chain of network stealing which is more harmful in practice.