On The Application Of Criminal Law For Stealing Virtual Property Of Online Games

With the development of Network Technology,Internet and digital 0,1 code for us to create a parallel to the real world of the virtual world network.In the virtual game world,people establish relations with each other and obtain the virtual property of the network game by completing the corresponding tasks,and they can exchange the virtual property with the real money to realize the interaction between the virtual and the real.However,the emergence of new things is bound to accompany with the emergence of the problem,the theft of virtual property network games frequently occurred,for how to convict also caused widespread concern in the academic community.At present,the legislation on the virtual property of Network Games in China needs to be improved.The virtual property of Network Games has not been brought into the scope of property protected by Criminal Law,while clause 127 basic of the principles of the civil law,passed in 2017,states that the law has regulations on the protection of data and network virtual property,such provisions shall prevail.However,this article does not accurately define the right nature of virtual property.Because of the indeterminacy of the attribute of the virtual property of the network game,it is difficult to determine the crime of infringing the virtual property of the network game.Therefore,how to accurately define the charge of stealing virtual property of online games is the core issue to be discussed in this paper.This paper introduces three controversial points from the typical cases of stealing virtual property of online games: The attribution of virtual property of online games,the accusation of stealing suppositional assets of network games,and the value of virtual property of online games.By analyzing and summarizing the theoretical disputes on the characterization of the virtual property of online games in China,on the basis of a comparative study of the current legislation on the theft of virtual property of online games in China and abroad,this paper puts forward the specific thinking on the qualitative problem of the action of stealing the suppositional assets of the online games: The suppositional assets of the online games pertain to the type of the assets in the Criminal Law,and belongs to the object protected by the Criminal Law of the property crime,therefore,the act of stealing virtual property of network game should be defined as theft.In view of the current situation of the criminal protection of the virtual property of network games in our country,we should make clear its property attribute from the legislative level,identify the crime from the judicial level,and establish a unified value evaluation mechanism.Hope to provide a little reference for judicial practice,better protect the legitimate rights and interests of online game players.