| In 2003,the theft of Li Hongchen’s game equipment made the problem of criminal law protection of network virtual property attract the attention of judicial circles.So far,the number of network virtual property related cases is increasing.However,the legal protection of network virtual property in China is still in the process of exploration.First of all,in theory,the criminal law circles have a fierce debate on the legal attributes of network virtual property,so far there is no unified conclusion;secondly,in legislation,there are no clear provisions on the protection of network virtual property in criminal law and civil law.It can be seen that the criminal law protection of network virtual property needs to explore a reasonable protection path and specific protection measures.This is the main reason why the author chooses this topic for research and analysis.This article studies the network virtual property criminal law protection question analysis thought: first is the introduction part,the main content is in the second section research present situation,in order to have a overall grasp to the academic circles discussion content.The author summarizes,combs and comments on the representative views of the criminal law circles in China.In the first chapter,the concept,characteristics and classification of network virtual property are clarified by stating the basic theory of network virtual property.The second chapter is based on judicial practice.By consulting 108 relevant legal documents,after deleting irrelevant cases and repeated cases,the remaining 80 legal documents can be studied in this paper.Then find out from the judicial practice,each court to the network virtual property legal attribute determination,the charge determination,the property crime involved in the amount of three processing status quo statistics and analysis,and the statistical results in the form of two tables.In chapter three,the author finds out three key problems to be solved.They are that the courts have serious differences on the legal attributes of network virtual property and the reasons are not sufficient;there are many drawbacks in the cases of computer crime conviction;the method of determining the amount involved is not uniform and there are improper points.The author finds that there is no legal basis for such cases and no guiding cases to follow,and the practice mainly depends on the discretion of the judge.Secondly,the fictitious nature of network virtual property makes people ignore the rank of property legal interest higher than that of network order legal interest.In the fourth chapter,in order to solve the above core problems,the author puts forward corresponding suggestions in order to improve the regulation of criminal law on infringement of virtual property cases and promote the criminal legislation of network virtual property in China. |
