Research On The Criminal Law Regulation Of Behavior Of Infringment Of Virtual Property

Network virtual property,as a derivative of the network world,has both data attributes and property attributes.People are eager for the benefits brought by network virtual property,which has become the reason why the network virtual property is constantly violated.At present,the attributes of network virtual property and the qualitative behavior of infringing network virtual property are controversial both in theory and practice.Before the "Criminal Law Amendment(VII)" issued,in practice,the behavior of infringing network virtual property is mostly according to the crime of theft or infringement of freedom of communication or directly not registered.After the amendment(7)of criminal Law added the protection clauses for the data of computer information system other than the original three specific fields,Some scholars believe that the behavior of infringing network virtual property conforms to the criminal constitution of such charges and qualifies it as a computer crime.Judicial trials also tend to characterize it as a computer crime,and the behavior of illegally obtaining network virtual property is convicted and sentenced as the crime of illegally obtaining computer information system data.However,some scholars and courts still believe that network virtual property has property value,is a new form of property in the information age,belongs to the category of property,should become the object of property crime.In the absence of clear legal provisions and frequent violations of virtual property on the network in practice,it is necessary to analyze the electromagnetic data attribute and property attribute of network virtual property according to the characteristics of the era when network virtual property comes into being,make qualitative qualitative analysis on the behavior nature of network virtual property infringement,and put forward suggestions to improve the regulation of network virtual property infringement.The behavior of infringing network virtual property happens constantly,but the regulation of Chinese law is only superficial at present.Firstly,the paper classifies the collected judgments on virtual property in judicial practice,analyzes the regulation status of infringement on virtual property,points out that there are controversies about the nature and behavior regulation path of cyber virtual property crimes,and it is necessary to define the scope of network virtual property and further divide the three types of network virtual property including account number,goods and currency.Account type network virtual property should be personal information,currency type network virtual property can be included in the goods type network virtual property,and according to the identification standard clear property attribute is the legal attribute of network virtual property.Secondly,regarding the qualitative dispute of network virtual property,in practice,there are three ways to identify the behavior of infringing network virtual property: property crime,computer crime,and computer crime and property crime co-operative.On the premise of analyzing various behavior types of network virtual property crime,it is improper to regulate network virtual property crime by computer crime,and its behavior pattern is more consistent with the constitutive elements of property crime.However,the uniqueness of network virtual property makes its application to traditional property crime still exist problems.Therefore,it is necessary to construct an applicable framework for infringement of network virtual property under the stereotyped system of property crimes,put forward suggestions for improvement of its application,and make a typed construction for frequent violations in practice.