Analysis On The Case Of Stealing Network Virtual Property

The current crime of stealing network virtual property is endless,the court has a big controversy when dealing with such cases.Theft of the virtual property case by Yue Zengwei and others,Gu Jing's network theft case,Luo Binbin's network theft case,there are four main points of dispute.It is the virtual property a property of criminal law?How to swind the act of stealing virtual property on the Internet?Crime stop form problem,and crime amount identification problem.Virtual property is the extension of real property in the network world.The infringement of virtual property destroys the possession of virtual property by property owners,When meeting the criminal requirements stipulated by the criminal law,It should be regulated by criminal law.The protection of virtual property is necessary.In terms of features,Virtual property is an electronic resource objectively existing in the network,it can be possessed by humans.Virtual property is created by human beings who spend a lot of necessary labor time,it can meet the needs of production and living for human beings.Also it can be exchanged for real money.The law stipulates that "public or private property" does not require to be "physical property".Many such "inanimate objects" have been identified as objects of crime.At the same time,virtual property can be transferred,accord with the object requirement of larceny.At present,the crimes of stealing network virtual property emerge in endlessly.But the court appears to be unable to rely on embarrassment when dealing with similar cases.Using criminal law to protect network virtual property conforms to the function and task of law,also conducive to the protection of citizens' online property and the healthy development of online game industry.The act of stealing virtual property accords with the crime constitution of larceny.It should be treated as theft,the crime of illegally obtaining computer information system data should not be applied.That's because applicable computer crime cannot handle all cases of theft of network fictitious property,it's not conducive to the protection of network property,and it annot accomplish crime punishment to suit.When the actor has actually possessed the virtual property,and get the income,it is the sign that the theft of virtual property in the network has accomplished.For the value identification of virtual property,the first category is virtual property that has set a price,it should decide to the consult the trade price between game service provider and player.The secondcategory is virtual property that has not yet been sold by game providers,development costs should be considered.The third category is virtual currencies that players buy to increase their value,it shall be determined with reference to its market price.Cases of theft of virtual property are frequent,Relevant departments to improve laws and judicial interpretation,set up a special accreditation body.Judicial organs may also establish corresponding departments for handling cases,better handling of such cases.