Research On The Nature Of The Behavior Of Stealing Network Virtual Property

In the context of the new Internet economy,many developing business have risen,and The same goes for the game business.Different from property in fact,virtual property has huge economic benefit value for the development of network game business.Because of this,crimes of stealing virtual property have occurred frequently over the years.The act of stealing virtual property on the Internet not only violates the property rights of citizens,but also affects the development of the online game industry.However,the current criminal laws and regulations of our country do not have any regulations on the theft of virtual property.The theoretical circles and judicial practice circles have launched heated discussions on the theft of virtual property on the Internet,and have not reached a consensus.Theoretically,there are "affirmative","negative" and "new-type property" claims on the nature of virtual property.Disputes on the misappropriation of virtual property,judicial and academic circles mainly advocate the application of the crime of acquire computer system data in illegally way,the crime of damage computer system,and the crime of theft.The qualitative analysis of the stealing of virtual property has the following major dilemma: First,the nature of virtual property is not clear,which is also the first problem to be solved in this article.Second,the standard for determining the value of the amount stolen is not uniform.The third is the judgment of the attempt and suspension of the crime.The fourth is the competition and cooperation between theft and computer crimes.The behavior of stealing virtual property is more suitably regard as the crime of theft.First of all,regarding the constitutional elements of a crime.When using the sin of unlawfully acquiring computers data and the sin of breaking computers system,it faces the limitations of subjective and objective evaluation.For example: the nature of virtual property is unavoidable,subjective inconsistency in purpose,behavioral restrictions on "illegal acquisition",and "serious consequences" are not established.The analysis of subjective constitutional foundation such as the object of the crime,the goal of the crime,and the legal interests invaded by the crime is in accord with the objective behavior,and the act meets the constitutional foundation of the crime of theft.Secondly,it is indicated from the aspect of civil and criminal law that virtual property can be affirms its dispute,and virtual property is the subject of the crime of steal,which is an broaden explanation.In the end,the nature of virtual property is build criminal law amendments.Supplement and improve the circumstantial sentencing rules.The unified value determination method for the amount of stealing should be assorted and decided according to the distinction of the virtual property subject and the characteristics of the virtual property owned by the subject.