Research On Criminal Judicial Identification Of Illegal Acquisition Of Network Virtual Property

The rapid development of the Internet not only greatly facilitates people’s life,but also puts forward higher requirements for protecting citizens’ property security and ensuring social order and stability.As a new type of property relying on the Internet,network virtual property has been widely used in life practice.The commercial value behind it is very considerable,which is very important for economic development.However,the reality of judicial practice is that China’s criminal law does not stipulate the concept,type and protection of network virtual property,resulting in great differences in judicial decisions on similar cases.This will restrict the development of Internet economy and damage the credibility of justice.Combined with the three typical judicial reasoning of "different judgments in the same case",this paper discusses the criminal law of illegal acquisition of network virtual property,and tries to construct a complete conviction and sentencing rules of network virtual property.In addition to the introduction,conclusion and conclusion,the article mainly includes the following three parts,corresponding to the three chapters of the main content of the article:The first part is the introduction of the basic situation of the case and the induction of the focus of dispute,and summarizes the typical focus of dispute in the case of illegal acquisition of network virtual property.In view of the different judgments of three typical cases,it is pointed out that the discussion about the illegal acquisition of network virtual property in the current judicial judgment lies in: the different criminal law attributes of network virtual property,the different qualitative behavior of illegal acquisition of network virtual property,and the randomness of the application of sentencing rules.On the above issues,there are great differences in judicial decisions,so it leads to the legal analysis below.The second part is about the jurisprudential analysis of the controversial focus summarized.Firstly,determine the concept and specific types of network virtual property,and attribute it to the property protected by criminal law combined with the characteristics of property protected by criminal law.As a virtual object,network virtual property can be used and exchanged.In essence,it is electromagnetic data,which can only exist in the network virtual space.Network virtual property does not refer to the network information data in the case.It conforms to the demarcation standard of property protection in Criminal Law: it actually exists objectively,has certain economic interests and can be used and controlled.This part clarifies the criminal law attribute of network virtual property;Secondly,the illegal acquisition of network virtual property constitutes larceny.Not citing the computer crime in the case.It meets the recognition conditions of larceny.The perpetrator is a citizen who has reached the age of 16 and has cognitive ability.He has a clear understanding of illegal acquisition of property protected by criminal law and has the intention of illegal possession.Objectively implemented the secret theft behavior that the thief did not find at that time,aiming at the property actually controlled by the thief;The last is to clarify the sentencing rules.The amount of crime should be determined by specialized agencies according to the different subjects of the victims.Considering the replicability and virtuality of network virtual property,the sentencing range should be determined according to the crime amount and sentencing standard of larceny.The penalty should also be determined comprehensively with reference to the subjective malignancy of the perpetrator of illegal acquisition of network virtual property,the degree of harm of the crime and other factors,and be clearly explained in the judgment reasoning.The third part summarizes the conclusions and Enlightenment of the case study:we should improve the relevant judicial interpretation of the criminal law and make it clear that the network virtual property is protected by the criminal law.The illegal acquisition of network virtual property should be classified as theft.According to the actual amount of crime,distinguish different victims,and establish sentencing rules for reference in combination with other circumstances affecting sentencing.