Research On The Criminal Law Identification Of Stealing Network Virtual Property

With the development of Internet information technology,China’s Internet communication has entered a new era of 5G.Network virtual property,as a derivative of the Internet,is becoming increasingly important in people’s real life.APP accounts,game equipment and virtual currency have entered social life.Although it is different from the form of traditional property,game equipment and virtual currency contain great economic value,becoming one of the booster of economic growth of our country.The Internet is a double-edged sword.With prosperity and development of network virtual goods,frequent incidents of theft of network virtual property occur,infringing the legitimate rights and interests of the owners of network virtual property.It also affects our network security.At present,there is a lack of perfect supporting laws and regulations to protect network virtual property,and there is a lack of legal provisions and judicial interpretation guidance on how to regulate the behavior of infringing network virtual property.As a result,judicial organs face the dilemma of different judgment and light and heavy sentencing in the case of stealing network virtual property,and the legal regulation of cyber space crimes is insufficient.The network virtual order and the real order also need to be protected.This thesis intends to analyze the identification problem of the behavior of stealing network virtual property,so that the class case can get the class judgment,which can not only help the criminal law application of the case of stealing network virtual property out of the dilemma,but also help prevent the phenomenon of the crime of stealing network virtual property,and timely respond to the theoretical requirements of risk criminal law.Excluding the introduction and conclusion,the research content of this thesis is divided into four parts,corresponding to four chapters:The first part mainly discusses the basic connotation of network virtual property.Firstly,it clarifies its concept.This thesis holds that network virtual property is the electronic data that is attached to the third-party network platform and presented in the digital form with the computer system as the medium.It possesses property and property attributes and can be controlled and utilized.Secondly,it enumerates the types of virtual property and explores its legal attributes again.It has the property attributes of general property.Finally,it transitions to the study of the property attributes of rights.The second part introduces the dispute over the qualitative behavior of stealing network virtual property.Firstly,it sorts out and classifies the charges of this kind of behavior in the theoretical circle,and then demonstrates the limitations of the crime of violating the freedom of communication and the irrationality of the crime of illegally obtaining computer information system data.Then it deduces the purpose of the crime according to the constitutive elements of the crime,so as to explain the defects of the crime.The third part selects the controversial case of stealing network virtual property in judicial practice,gives a brief introduction to the case,summarizes the focus of the dispute,finds the crime identification problem after the case analysis,combines the case argumentation to the behavior of stealing network virtual property according to the rationality of the theft punishment,and the theft of the crime involved in the identification of the amount of crime.Which leads to the last part of the article.The fourth part introduces the case of inconsistent amount recognition of the same crime of stealing network virtual property by courts at two levels,makes a brief introduction to the case,analyzes the disputes,summarizes the reasons for inconsistent amount recognition,analyzes several existing methods of amount identification,evaluates the advantages and disadvantages of the methods,and puts forward the opinions of this thesis on amount identification.It should be determined by cost combined with social necessary labor time,so as to provide a path choice for judicial application.