Study On Criminal Law Identification Of Illegal Acquisition Of Network Virtual Property

With the advent of the network information age,the online game industry is on the rise,and the network virtual property has gradually entered the public’s vision,and become an indispensable part of people’s lives.The development of things has two sides,however,the virtual property while meet the demand of the public spirit,illegal access to the network virtual property has become a practical case is also in high-risk cases,although China’s criminal law provisions for such behavior of a series of computer crime,but it will be difficult to apply in law and law on the legal nature of virtual property and its illegal for how to regulate the actions of such property did not make clear a regulation,in the absence of relevant laws,also led to the practice of different connection with the case of the virtual property is convicted of illegally phenomenon occurs frequently.Introducing two typical cases of illegal acquisition of network virtual property in our daily life,this paper sums up the controversial focus of this kind of crime.As a kind of property different from traditional property,the legal provisions of virtual property are vague.Therefore,for the practice of illegal access to this kind of property,the practice of different courts is different,mainly the crime of theft and illegal access to computer information system data crime differences.Whether the legal nature of network virtual property is property property,whether the illegal acquisition of virtual property belongs to the scope of criminal law protection,and how to deal with such cases,both in the theoretical and practical circles there are big disputes.In order to put an end to the occurrence of different sentences in the same case and standardize the judgment in judicial practice,it is not only necessary to conduct theoretical analysis on the behavior of illegal acquisition of network virtual property,but also scientific criminal judicial identification of such behavior,mainly on the accusation,the amount of the crime and the standard of sentencing.In order to avoid the problem that the amount of crime of virtual property is difficult to determine,there will be a series of problems in both the protection of legal interests and the sentencing when computer crime is applied.It is more reasonable to classify this kind of behavior as theft through criminal judicature,and then to analyze the amount of crime and sentencing by distinguishing the types of virtual property and its legal interest subjects.At present,the academia and practice to determine the value of virtual property have exactly the same way,that is based on the case facts,to distinguish the different legal interests subject,different kinds of virtual property,and according to the official price of the virtual property and the actual transaction price on the market,comprehensive determine the crime amount of virtual property,and gives sentencing standards.