Research On Criminal Law Regulation Of Illegal Acquisition Of Virtual Property On The Internet

Network virtual property emerged with the development of the Internet,and it has become an indispensable part of many netizens.The phenomenon of illegally acquiring network virtual property frequently appears in our life.However,when it comes to the application of related crimes,neither in the field of the criminal law theory community nor the judicial practice community has reached a consensus.The root cause is that there are different opinions on whether network virtual property belongs to the property in the criminal law of our country.Reflected in judicial practice,although the term "virtual property" has been widely used in criminal judgment documents,the connotation and extension of it are not very clear,and its legal attributes are disputable.This has led to differences in the application of crime regulations to illegally obtain network virtual property,and the judicial status quo of different sentences in the same case,which violates the concept of fairness and justice in the criminal law.As a result of analyzing 84 criminal judgment documents involving illegal acquisition of virtual property,which are found on the Judgment Documents website using "virtual property" as the keyword,we can figue out that the practice departments tend to identify virtual property on the Internet as property.The object of the crime,but the proportion of the crime of illegally obtaining computer information system data is not significant.In addition,it can also be found that there are various types of network virtual property and various types of internal disputes are also obvious,and there are also issues such as how to determine the value of network virtual property.The key to solving such problems is to clarify the connotation and nature of network virtual property.Based on the different types of online virtual properties that have appeared in 84 judgment documents,we can summarize the similarities and differences of different types of virtual properties in judgment documents.Internet virtual properties have characteristics such as value,transferability,and management possibilities,which shows that network virtual property already meets the requirements of the property in China's criminal law;and the network virtual property must be attached to the network,exist in the form of data code and other characteristics,which is the difference between the network virtual property and the traditional property,but it is not a denial Internet virtual property belongs to the management of property in the criminal law;it can also be found that improper judicial practice has expanded the extension of virtual property on the Internet.Information of card and coupon,Interner traffic,and remaining of Apple account that are essentially real property are also classified as virtual property,which is not proper.According to the characteristics summarized and combined with the definition of network virtual property by related scholars,network virtual property should refer to the virtual goods that exist in the computer information network world and are composed of computer data codes and have exchange value.Of course,interpreting network virtual property as property in the criminal law cannot violate the principle of statutory crimes.Since our country's criminal law adopts a method of enumerating and clarifying property to determine the scope of the property protected by the criminal law,it is entirely possible to interpret network virtual property as "other property" in Article 92 of the Criminal Law.Moreover,after considering factors such as the development trend of terms and the necessity of punishment,the interpretation of network virtual property as property in the criminal law is a permitted expanded interpretation rather than an analogous interpretation.Then review the legislative process.In addition,network virtual property has the characteristics of exclusive control and can be independently disposed of by users based on their own will.Network virtual property should belong to the category of property rights.Finally,when it comes to regulate the illegal acquisition of virtual property on the Internet,the crime of using property infringement is more appropriate.If the crime of illegally obtaining computer information system data is used to regulate,it will be difficult to justify the protection of legal interests,and it will also form a penalty loophole.The crime of using property violations can solve these problems well.In view of the practical problems in the value determination of network virtual property,it should be discussed separately according to the different types of network virtual property on the basis of distinguishing the main body of legal interest.