Research On The Criminal Law Regulation Of Illegal Access To Network Virtual Property

With the development and popularization of the Internet,network-derived virtual property has entered the public's horizon,especially under the amazing speed expansion of the online game market.As an important part of online games and the main assets of players in games,online virtual property also It is receiving unprecedented attention,and the number of cases of illegal acquisition of online virtual property is increasing.However,due to the multiple attributes of online virtual property,it is difficult to accurately define the criminal law attributes.At the same time,the complexity of crime in the Internet field is also difficult to analyze,resulting in frequent judicial practice The phenomenon of "different judgments in the same case" appeared,which affected judicial justice.Therefore,in the study of criminal regulations on illegal acquisition of network virtual property,the definition of the criminal law attributes of network virtual property is still a research focus.At the same time,whether the behavior of illegal acquisition of network virtual property conforms to the specific elements of criminal behavior is also required.Explored.The main content of this article is three parts: the first part introduces the definition and connotation of network virtual property,and defines the scope of network virtual property on the basis,so as to further analyze its legal nature,and the second part is through analysis and practice The criminal acts of illegally obtaining online virtual property and applicable criminal law are summarized in the article.It is concluded that illegally invading network accounts and transferring online virtual property are typical acts of infringing online virtual property.It is also common in judicial practice to use theft and illegally obtain online virtual property.The crime protects network virtual property.The third part is based on the conclusions of theprevious two parts,and analyzes the application of criminal law to the behavior of illegally invading network accounts to obtain network virtual property.First,it analyzes whether theft can be applied,mainly through network virtual property.Whether the property interest belongs to the property in criminal law,and whether the crime of illegally acquiring online virtual property meets the basic crime of theft constitutes "destroying the original possession and establishing new possession",and then draws a conclusion.The comparative analysis of the criminal object and behavior of the data crime and the illegal acquisition of online virtual property results in corresponding conclusions.