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Criminal Law Protection Of Virtual Property

Posted on:2022-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:H Z TanFull Text:PDF
GTID:2516306323452904Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of technology and the Internet,virtual space has become an important existence standing shoulder to shoulder with the real world,and more and more legal issues are involved,among which the protection of virtual property is an important issue that cannot be avoided.The emergence of a large number of virtual property dispute cases has brought academic disputes on the legal nature of virtual property and how to deal with such cases.The emergence of many cases has also brought corresponding judgment problems.The phenomenon of different judgments in the same case is not conducive.Protecting the material and spiritual rights and interests of virtual property owners is also not conducive to the development of judicial justice in our country.The verdicts of virtual property cases mainly include property crimes and computer crimes.First,because the existing laws do not provide detailed regulations on virtual property and its legal attributes are disputed,whether it belongs to the object protected by the Criminal Law There are also controversies;secondly,the criminal act of stealing virtual property often violates the provisions of the Criminal Law on property crimes and computer crimes at the same time.Therefore,judges often have different perceptions in the judgment,resulting in the same criminal act being convicted with different charges.It is not conducive to the establishment of judicial credibility.Virtual property mainly includes online game accounts,QQ numbers,game equipment,characters,accessories,Q coins,gold coins,and "gifts" brushed in live broadcasts.It has both data attributes and property attributes,and its criminal law protection is in line with national expectations.The behavior of infringing virtual property as a property crime does not violate the principle of criminal law.As virtual property moves from virtual space to real space and enters people's lives,convenience and crisis come at the same time,and its regulation by law as soon as possible can play a role in preventing and controlling crimes,which is in line with the requirements of social development.The criminal law protection of virtual property in our country should be improved from both legislative and judicial aspects.Through supplementary promulgation of criminal law amendments,perfect judicial sentencing rules,and establishment of an amount evaluation mechanism,virtual property should be better protected by criminal law.
Keywords/Search Tags:virtual property, legal attributes, criminal law protection, suggestions for improvement
PDF Full Text Request
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