| In recent years,China’s social economy has developed rapidly,and high-tech industries such as the Internet have developed rapidly.The popularity of the Internet not only brings convenience to people’s lives,but also breeds cyber crime.In recent years,the number of cybercrime cases in our country has been increasing continuously.The standard of identification of cybercrime has also brought many difficulties to our country’s judicature.For example,there is a great controversy about whether the acts constitute theft;in other cases,there is a great controversy about whether the actors constitute theft or fraud.China’s relevant laws on traditional theft have been unable to apply the constitution of the crime of network theft and conviction and sentencing.This is due to the new characteristics of network theft,such as concealment and virtual.At present,there is a blank law on the management of network theft in our country.Compared with traditional theft,network theft is quite different.The criterion for identifying the accomplishment of cyber theft is also a hot topic in the current legal circles.This article mainly discusses the following issues: First,according to the traditional concept of theft,the concept of network theft is defined.Comparing the characteristics of cyber theft and traditional theft,we find the differences between them.Secondly,the criminal law of virtual property should be studied to clarify the object of the crime of network theft.Thus,the identification of network theft can be realized.3.Based on the traditional theory of attempted theft,analyze and study the standard of attempted network theft.4.It analyses the two cases mentioned in this paper,including the accomplished problem of network theft and the suggestions for identifying the related problems. |