| The continuous change of new things such as platform algorithm and network virtual property has supported the virtualization,dynamism and data change of "property" as the traditional payment content,leading to a radical change of the traditional property right mode and existence form,and the crime means also gradually develop from real space and regional to network and cross-regional.Through the analysis of China’s existing legal system,we can see that the existing laws are slightly weak in the face of new things such as network virtual property,only in part of the law for the general provisions,which is obviously not enough for the criminal justice determination of illegal acquisition of network virtual property behavior in practice.Therefore,in the network era,when facing the problem of illegal acquisition of online virtual property crimes,it is urgent to consider whether it is feasible to convict and sentence the crime of illegal acquisition of online virtual property with traditional crimes,and how to explain the problems related to online virtual property within the scope of the existing legal system.Chapter one is the introduction,which elaborates the research background and significance,research status at home and abroad,research ideas and research methods.The second chapter mainly classifies 139 valid criminal judgment documents concerning illegal acquisition of virtual property and summarizes the reasoning and argumentation of different judgments in the same case of illegal acquisition of virtual property in practice.Firstly,the legal attribute of network virtual property is not clear.Second,there are differences between the crime of illegal acquisition of network virtual property and the other crime and the identification of the criminal form.Third,different courts have different standards for the determination of the amount of network virtual property,so that the determination of the amount of crime is very different.And in-depth analysis of the reasons for the emergence of the three dispute focus mainly lies in the existing criminal laws and regulations are not perfect,the differences in the professional quality of judges,operators do not cooperate with the lack of awareness of responsibility for evidence collection,etc.,to provide guidance for the settlement of the criminal judicial identification dispute of illegal acquisition of virtual property.The third chapter is based on the content of the existing theory of the legal attribute of network virtual property,through the analysis of the theoretical arguments of affirmation and negation said,the network virtual property and the relationship between the electronic data sorting out,points out that the network virtual property and real property on the connotation of the same,has property attribute,belong to property in criminal law.It provides specific theoretical support for the definition and analysis of illegal acquisition of network virtual property.The fourth chapter describes the virtualization of property content,the spatialization of possession form brings about the charge dispute of illegal acquisition of virtual property on the network and the alienation of the standard of completed behavior.Specifically,this chapter is divided into two sections.The first section explains that illegal acquisition is not equal to theft,theft,fraud,etc.,but has a broader scope and connotation.Based on the difference of behavior subject and behavior mode,it can be divided into two types: "active" illegal acquisition and "passive" illegal acquisition,and the conviction and sentencing of different illegal acquisition behavior should be different.The second section demonstrates the completion standard of illegal acquisition of virtual property on the basis of the completion standard of the existing traditional crime involving money.The fifth chapter is for the practice of the complex network virtual property amount determination mode,how to reasonably and effectively determine the problem of determination standards.Through the comparison of the advantages and disadvantages of the existing network virtual property in practice,the determination of the amount of network virtual property must be established firstly,there must be a suitable network virtual amount of the subject,and secondly,in the face of the increasingly rich extension of network virtual property,relying on a certain way does not meet the existing practice needs,should be comprehensive consideration of the infringed legal interests,network virtual property types and the infringed subject and other elements of the targeted selection.The sixth chapter is to address issues such as the difference in criminal judicial determination of illegal acquisition of online virtual property,and to address suggestions on how to mitigate this difference in determination.First of all,the relevant criminal law norms should be improved to provide a basis for the conviction and sentencing of trial judges.Secondly,we should strengthen the professional skills training of trial judges,not only to improve the legal knowledge reserve of trial judges,but also to focus on the training of internet knowledge of trial judges,so as to cope with the higher requirements of the future development of digital information technology on the conviction and sentencing work of trial judges.Finally,the responsibility and obligation of operators should be clarified.Externally,the service obligation of operators and their obligation to cooperate with forensics should be clarified to provide evidence support for trial judges to carry out conviction and sentencing,and internally,data compliance construction should be strengthened,personal information of network virtual property rights holders should be protected from leakage,and the management and maintenance awareness of operators should be enhanced,so as to prevent the risk of illegal acquisition of network virtual property crimes. |
