Research On Protection Virtual Property By The Criminal Law

The rapid development of the Internet has produced virtual property,which has economic value because it can meet the spiritual needs of human beings.In the virtual world,network game development operators create a set of virtual economies linked to real property so as to earn profits.Virtual property was born.In view of the concept of virtual property,academic circles have broad sense,narrow sense and dualistic theory.This paper puts forward the concept of virtual property through the creation of the background of virtual property,the characteristics of virtual property and so on,and thinks that virtual property refers to imitating the real world in cyberspace.Have useful value and be able to use existing property metrics under certain rules The computer information data which measure its value,and the common virtual property is the virtual currency,virtual object and so on in the network game.The General principles of Civil Law,adopted on March 15,2017,took the lead in bringing virtual property into the scope of legal protection,and criminal law theorists conducted extensive discussions on whether virtual property should be protected.This paper argues that network users have spent a lot of time and energy on virtual property,virtual property has become the result of labor,making virtual property has the scarcity,circulation and effectiveness of general property,And it has the economic value in the realistic sense,so the criminal law must stand when the situation of infringing virtual property occurs in the real life and reaches the serious social harmfulness and the degree of necessity of criminal punishment.Come out and punish the violation.In view of the different countries’ opinions on the crime of infringing virtual property,the criminal law of the United States and South Korea has added the crime of computer fraud,and the crime of infringing virtual property has been included in it and the relevant laws have been perfected.Japan and Taiwan separately formulated a crime,the Netherlands brought into the regulation of the crime of property,by comparing and summarizing other countries and regions of the protection of virtual property can bring some experience for reference to our country.This paper argues that there are some limitations in bringing the infringement of virtual property into the regulation of computer-type crimes.First of all,the violation of virtual property in real life is more of a violation of the personal interests of others,while computer crime infringes on the public order of cyberspace.Secondly,from the perspective of textual understanding,the meaning of invasion of computer crime cannot cover the meaning of aggression.Finally,it is difficult to meet the requirements of crime and punishment by using computer crime.This paper holds that the interpretation of virtual property as property in the sense of criminal law does not violate the principle of legal punishment,and it is more appropriate to include the type of property crime under the existing criminal law system of our country.It is of practical significance to bring virtual property into the category of property crime and to identify the value of virtual property by defining the scope of virtual property and introducing a third party to identify the value of virtual property through defining the scope of virtual property and identifying the value of virtual property.And through the way of legislative interpretation and judicial interpretation to unify the views of our legal profession on virtual property in order to achieve the purpose of settling disputes and maintaining the stability of the law.