| Network virtual property is still an important part of citizens’ property.There are great disputes about the legal attribute of network virtual property in the field of criminal law.Network virtual property has the dual attributes of property and property.It has a wide variety and continuous evolution,which has led to many criminal cases.However,China’s existing legislation does not define the legal attribute of network virtual property,which leads to differences in the treatment of network virtual property crimes in judicial practice.For the criminal law protection of network virtual property,we should confirm the value attribute of network virtual property,clarify its legal status,and bring network virtual property into the category of "property" in Article 92 of the criminal law.Only the virtual property with value,management possibility and transfer possibility belongs to the category of "property".At the same time,we should take the protection of citizens’ property as the core and classify the charges of virtual property crime: for the purpose of stealing property,it should be recognized as larceny;Those who aim to destroy computer information systems shall be identified as computer crimes.In addition,the calculation method of such cases should be clear: for account cases,the amount of stolen goods sold should be used as the calculation method;For items,the market price shall be used as the calculation method;For currencies,the conversion ratio shall be used as the calculation method.Thus,the effectiveness of criminal law protection of network virtual property can be realized.In order to provide perfect suggestions for China’s criminal legal system and enhance the criminal protection of network virtual property. |
