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The conviction and legislative thoughts of network virtual property infringement behavior

Author: GaoLin
Tutor: ChuBingDong
School: Yantai University
Course: Criminal Law
Keywords: internet virtual property conviction criminal law protection legislativeconsideration
CLC: D924.35
Type: Master's thesis
Year: 2013
Downloads: 67
Quote: 0
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Abstract


With the rapid development of the internet and its relevant industries, infringement ofinternet virtual property becomes more and more frequent, which not only damages the legalrights of the clients, but also threatens the harmony and stability of our society. But there isstill a lot of controversy on how to determine the nature of this new type of behavior. In thispaper, the author focuses on the conviction analysis of the infringement of internet virtualproperty, conducts a study on the legislative form of this crime, and puts forward somereasonable suggestions on criminal law protection of the internet virtual property.There are three chapters in this thesis:The first chapter is the overview of the internet virtual property, which introduces itsdefinition, characteristics and legal attributes respectively. On the basis of the currentmainstream theory and opinions, the author puts forward his own thoughts.The second chapter is the conviction analysis of the infringement of internet virtualproperty. In this part, the author mainly classifies and illustrates the crimes of the currentinfringement of internet virtual property, analyzes theoretically the conviction and sentence,and compares the new type of crime with the traditional one, thus making people have acomparatively intuitive understanding of the crime types of the infringement of internetvirtual property.The third chapter is the legislative consideration of the crime of infringement of internetvirtual property. The first part demonstrates the necessity of the legislative protection of theinternet virtual property. The second part puts emphasis on the legislative situation of abroad,Hongkong as well as Taiwan, hoping that we can learn from the legislation of theory ofcriminal law. On the comparative analysis, the author puts forward that China should adopt aprogressive legislative model and strengthens international coordination. We should firsttake the way of legislative interpretation to affirm the legal attributes of the internet virtualproperty, incorporates it in the category of criminal protection. And then, when we amendour criminal law, we can establish separate rules on the internet virtual property at the same time. Finally, we can carry out a systematic and comprehensive revision on the infringementof internet virtual property when the time is right.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime against property
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