On The Identification Of Stealing Network Virtual Property

With the advent of the Internet era,people are no longer satisfied with the entertainment in real life,Instead,it aims at the virtual world represented by online games,and even invests a lot of time,energy and money.The virtual property emerges as the times require and is regarded as valuable wealth by network users.But in the judicial practice,the case of stealing network virtual property is controversial.Through the analysis of cases and judicial data,it can be found that the focus of controversy mainly revolves around the legal attribute of network virtual property,the value of the identification and the crime of theft.Quasi-deterministic theft of network virtual property cases,this paper will focus on the three aspects of the issues discussed.For the legal attribute of network virtual property,the author uses the combination of civil law attribute and criminal attribute to analyze.The right attribute of network virtual property should be real right,and it can become property in criminal law as an incorporeal property.But not all network virtual property is property,only with value,scarcity and circulation can become property in criminal law.According to the qualitative logic of this paper,we first need to identify the type of computer information system,which may be suspected of different computer crimes.And then identify the acquisition of legal interests,property interests or other legal interests.From the perspective of legal interest,the author analyzes the criminalization of the means "invasion" and the purpose "acquisition," and finally finds out the crime of stealing network virtual property with the relevant knowledge of crime number.There are many kinds of network virtual property,which are mainly divided into three categories: Account,goods and currency.Different types of network virtual property have different legal attributes and different crimes,so it needs to be interpreted in a type of qualitative logic.In judicial practice,there is no unified standard of the value of network virtual property,and all kinds of standards have more or less defects.To this end,the author proposed the amount of sentencing rules and circumstances sentencing rules combined point of view.In the conviction and sentencing,"the amount of sentencing rules," in the "amount sentencing rules" can not accurately evaluate the harmful consequences of the behavior,then apply the "circumstances sentencing rules."...