Criminal Conviction For Stealing Virtual Property In Online Games

Network game is a product of the process of network advanced,from the web version to the client of game,until now popular large interactive games,with the upgrading of information technology,the game form and effect are also rising,network game has become one of the main entertainment for people,the participation is growing.Virtual property of online games is an important part of online games.Players can not only obtain it by completing game tasks,but also purchase it directly with real currency.It is the existence of this kind of currency value that makes the virtual property of online games become the covet object of some criminals and the cases of stealing it are frequent.However,as a new thing,online game virtual property is not clearly defined in the current legal norms,the gap in the legislation and its own particularity,in practice,there is no unified conclusion for stealing virtual property in online games.After surveying the field theory and the practice of criminal law that stealing virtual property behavior,from the point of determined results,the main existing data theft and illegal access to computer information system crime,and the root of the differences is that the criminal law on the attributes of the virtual property,namely,whether its legal attribute is a property or data.Whether the virtual property of online games belongs to property and whether it can be the object of theft is the core issue discussed in this paper.This paper is divided into three chapters altogether,chapter one firstly to the practice of stealing virtual property behavior types and specific forms are briefly introduced,and then to collect the related cases as sample,the general situation of the judicial practice of stealing virtual property behavior are analyzed,and specific practices in connection with different sentenced to criminal law attribute of the virtual property is the cause of a matter of debate.The second chapter mainly analyzes the criminal law attribute of virtual property of online games.First a brief introduction to the scope of online game virtual property and particularity,and then the data of the online game virtual property,and property attribute are analyzed,applying the method of syllogism online game virtual property has property attribute,belong to the legal sense of property,after distinguish property and property interests,make clear that online game virtual property is a kind of incorporales,can be attributed to the property category.The third chapter focuses on the criminal law of stealing virtual property of online games.Firstly,analyzes the path of computer crime regulation and the path of property crime regulation,analyzes the irrationality of the path of computer crime regulation and the rationality of the path of property crime regulation.Secondly,the behavior of stealing is divided into two kinds: the behavior of stealing online game virtual property generated legally and the behavior of stealing online game virtual property generated illegally,analyzed the conformity of the constitution of crime and the form of crime number,claim the former should be as theft or embezzlement convicted,the latter should be as theft or the conclusion of job occupation crime convicted.Finally,the amount determination method of virtual property of online games is analyzed,based on the analysis of the current amount determination method,put forward the amount determination opinion that use stable market transaction price and the absorption of game operators to participate in the price evaluation.