Research On Judicial Determination Of Theft Of Virtual Property On The Internet

The progress of science and technology is as fast as the arrow leaving the string,Human life is closely related to the internet,The group of Internet users is growing.Network life not only solves many problems in people’s daily life,but also provides high-tech crime tools for some criminals to commit crimes,but also provides high-tech crime tools for some criminals to commit crimes.At the same time,as a part of citizens’ private property,People are beginning to find that it is actually very valuable,and new crimes with network virtual property as the core were induced,and the incidence of such crimes was on the rise.Defending virtual property is the top priority.According to the theorists,this papers analyzes the contradictions encountered in practice and takes my own understanding,and find a way to change the puzzle.This dissertation has three sections.The first part of the thesis enumerates the existing problems in the cognizance of violation of virtual property.By sorting out the practical cases of violation of it,it list the contradictions found in reality: First,some people think that can be the object of theft,while some people think that it can not be the object of property crimes;Second,There’s no consensus of what kind of property belongs to;Third,because the relevant departments have different judgments on the criminal acts discussed in this paper,the judgments of the cases have also produced different results;Fourth,there is no consensus in determining the amount of this kind of crime in specific cases;Fifthly,there is no standard for accurately identifying the form of crime cessation.The second major content of the article analyzes the controversial issues.The beginning of the thesis is to introduce definitions and features.Secondly,The properties of the content discussed in this article and so as to determine it.Thirdly,The dispute about stealing virtual property on the internet also includes the determination of its behavior.Therefore,the controversial issue of stealing virtual property on the Internet also includes the identification of its behavior.In judicial practice,the charges for identifying such charges mainly focus on theft,illegal access to computer information system data and violation of freedom of communication.This paper supports the identification of theft,and expounds the limitations and loopholes of the identification of the other two charges,as well as the rationality of the identification of theft.Finally,to identify the stop form,there are mainly three views about starting,namely,subjective view,compromise view and objective view,There are two views about accomplishment: control view and out of control view.After analysis and demonstration,this paper supports the control view and objective view.The last chapter of the thesis is related advice.Firstly,by enumerating the legislation,it proves that Chinese law attaches importance to virtual property,and it should be attributed to the criminal object of theft.Second,make clear the relevant systems.Several methods to determine the value of the object of case are introduced.Method for determining the value of confirmation.Finally,the standard of criminal status determination is made clear,so that the practical departments can have laws to follow when they encounter this difficult problem.