An Analysis Of The Criminal Cases Of Infringement Of Stealing Virtual Property

With the development of the Internet and the improvement of people’s living standard,leisure and entertainment activities begin to occupy daily life,and online games are gradually popularized in people’s life.At the beginning of the emergence of online games,virtual property was just a series of electronic data codes.With the development of online games,virtual property was gradually linked with people’s real property and traded with each other.Therefore,how to protect virtual property is the key issue of real property.China’s criminal law has not made clear provisions on the characterization of virtual property,the conviction and charges of stealing virtual property,the amount of virtual property measurement standard,and the crime pattern of stealing virtual property.According to the analysis of several cases selected from the judicial documents network,it can be found that different courts have different convictions and charges for cases with roughly the same facts,which will lead to the decrease of judicial credibility and is not conducive to social stability.In the case of crime of stealing virtual property,which has been published on the judgment documents,there are mainly two different directions of conviction for the same case.One is: the act of stealing virtual property should be treated as a property crime;The other is:the act of stealing virtual property should be treated as a crime of violating network information security.In order to claim that the act of stealing virtual property should be treated as a property crime,this paper will reasonably analyze the specific points of difference between the above two views and discuss from the following four perspectives: first,analyze the nature of property,and compare it with the nature of virtual property,and then determine that virtual property meets the property property requirements.Secondly,collect the cases that belong to the behavior of stealing virtual property,the difference of the involved amount is similar,but the result is quite different,and respectively analyze the justifications and theories of the two views,so as to draw a conclusion: it is not reasonable to identify the behavior of stealing virtual property of the network as the former crime or the imaginative competition and the competition and cooperation of laws.Then from the four elements of the constitution of the crime to carry on the analysis,the behavior of stealing virtual property all meet the four elements,should be identified as theft.Thirdly,in view of the crime amount is related to the sentencing of major issues,the amount of each virtual property measurement theory is summarized,and then put forward a method to calculate the amount of virtual property.Finally,due to the particularity of the crime of stealing virtual property,it has different determination methods from the traditional crime in terms of the crime form.The criterion of attempted theft may not be feasible in the case of network theft.Therefore,the author analyzes the criteria of the attempted cyber theft,and finds out the most scientific and reasonable identification criteria of the criteria of the attempted cyber theft,which is the theory of losing control.