The Legality Of The Act Of Stealing Virtual Property From The Internet

With the development and popularization of Internet technology,a new type of property comes into being--network virtual property.For the use of virtual property network users can be practiced,which brings more virtual property theft cases.Due to the hysteresis of law,many new forms of crime have not been specified in the early stage of legislation.First of all,there are many disputes about the legal attribute of virtual property in the academic circle.This new product of network not only has property attribute,but also belongs to the object of theft to protect--public and private property.Secondly,the specific criminal act as a crime,not only the crime against the legal interests to be protected by the crime,but also this kind of criminal act to fully meet the constitutive elements of the crime.As for the crime of stealing network virtual property,the disputes in the academic circle mainly focus on property crime and computer crime.From the perspective of constitutive elements,this paper demonstrates that this kind of crime conforms to the constitutive elements of larceny,and its means behavior violates the crime of damaging the computer information system.However,due to the special provisions in article 287 of the criminal law,this kind of crime can only be treated as larceny.Finally,on the basis of defining this kind of crime as larceny,the practical problems in dealing with this kind of crime are discussed one by one from the perspective of judicial practice and practical solutions are provided.Creating a greener and healthier network environment is the foundation of developing China’s Internet technology.A clear conviction of such crimes can not only protect the legitimate rights and interests of the majority of Internet users in a timely and effective manner,but also make the network environment more stable.