Discussion On The Path Of Criminal Regulation Of Information Network Property Crime

The concept of network virtual property came into being along with the computer.With the computer networking and forming the network,it began to appear widely in various fields.Network virtual property can be defined as electromagnetic data that only exists in the network space and has real economic value but cannot appear in the real world.At present,virtual property in judicial practice can be basically divided into the following three categories: account,currency and goods.Through the principle of legal interest protection,the theory of legal-economic property and the principle of the unity of legal order,the virtual property of the network should be recognized as the property in criminal law.According to the "bundle of rights" theory,the rights and interests contained in electromagnetic data are the "bundle of rights",including intellectual property,personal information rights and interests,property rights and other contents,and the network virtual property is only the part of which contains property rights.The characterization of virtual property as usufructuary right is more in line with the characteristics of the network industry and conducive to the balance of interests between right protection and industrial development.In judicial practice,there exist serious phenomena of different sentences in the same case concerning the behavior of infringing network virtual property.The fundamental reason is that the boundary between property crime and computer crime,and even between different computer crimes,is not clear.In terms of legislation,there is no clear concept of network virtual property in the criminal law,and it has not been specially legislated for it.Therefore,when studying the issues related to criminal legislation,we should not be limited to the specific concept of "network virtual property",but focus on the discussion of information network property crime.Judicially,the identification of the infringement of virtual property should take the following paths: first,it is determined that a certain type of electromagnetic data has property value,so that it can become the object of property crime;then,it is determined that the specific behavior pattern of the perpetrator conforms to the constitutive elements of a crime,and finally,the value of the virtual property is determined.In terms of legislation,the following ways should be adopted to set up the offense of infringing virtual property: First,the electromagnetic data should be divided into the part with property value,namely the virtual property,and the part without property value.Then,we should first protect the value of the property,and then include the electronic data outside the virtual property into the protection of security and order law interests.The behavior of infringing virtual property is obviously one of the typical manifestations of the traditional crime that is carried out by means of information network,namely the information network property crime in the network crime.Therefore,by exploring the path of criminal law regulation of network virtual property,it can be summarized and refined to be applicable to other types of information network property crimes and even net-related crimes,and carry out "law finding" and "law interpretation" activities.In the face of new information network crimes,if the regulation can be carried out through the way of criminal law interpretation and can achieve the purpose of legal interest protection,there is no need to take the path of criminal legislation to increase the legislative cost.On the premise of conforming to the legitimacy of criminal legislation,we can adopt the unitary or dual mode to carry out legislative activities.