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Research on Issues of Investigation on Stealing Network Virtual Property

Author: WeiJie
Tutor: LiJie
School: Jilin University
Course: Legal
Keywords: Virtual property Theft of virtual property Criminal regulation
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 286
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Abstract


With the rise of online games, games involving concomitant memory in virtual property more and more, there have been a variety of new forms of crime, such as theft network game using virtual \. \For violations of cyberspace virtual property acts in a legislative and judicial theoretical vacuum, and such cases are currently in judicial practice has come to the point where unavoidable. Fundamental problems that led to this reason that online games legal nature of virtual property in dispute. In other words, whether it is a form of virtual property can be recognized by the law of property, criminal law can be obtained based on this regulation, remains controversial. In this paper, combined with domestic and foreign scholars in the legislative and judicial practice theory, based on further analysis of the behavior of virtual property theft system of criminal law, and has practical operability. Meanwhile, the theft of virtual property is whether the conduct constitutes a crime, what constitutes a crime, theft of virtual property issues such as how to calculate the exact amount, put forward their views and insights. This paper is divided into four chapters, as follows: The first chapter introduces the theory of virtual property takes that virtual property arising from the historical perspective of their development, the concept of virtual property are defined and analyzed. The so-called virtual property, refers to the online game-based, online game players in the network game account under the control of records by ID number under the personal control of the game, call, or go to the game program to establish various \\Meanwhile, the analysis of the virtual property that has virtual sex, dependence, value, trading and duration of five characteristics. While the presence of virtual property summary describes several main types: virtual currency classes, virtual equipment category, virtual character classes and secondary property classes. Finally, the virtual property with traditional tangible property, digital property comparative analysis showed that the presence of virtual property and other property in the nature of the differences and distinctions. CHAPTER property attributes for virtual property had many discussions about the virtual property for property theorists of three perspectives, namely denying that says definitely say the controversy and differences, combined with the civil law and the common law right difference in the meaning of the concept of property, summary analysis of property objectivity, usefulness, scarcity and controllable properties. And thus to analyze more than four properties with virtual property, and to enumerate the reasons. Analysis of the debate toward the same direction: the network virtual property although virtual, but should be the property category. At the same time, the virtual property rights and defining the nature of justification, that the property of the virtual property should be protected by law. On the one hand, service providers in accordance with the research and production to obtain ownership of virtual property and virtual property has the right to dispose of exclusive rights. On the other hand, the game play the user through payment service provider of the virtual property of the respective price of gold, according to the contract obtained the right to use the virtual property, the right of use is still a creditor relationship. Chapters III and IV is the focus of this article, the third chapter analyzes the theft of virtual property criminal regulation of the main issues. Mainly around the theft of virtual property, whether the conduct constitutes a crime, criminal law without the need for intervention, virtual property protection and the need for criminal law to be involved in criminal law protection of virtual property is a violation of the principle of legality of criminal law and criminal law principle of modesty. The author analyzes by way of example, concluded that online games generated virtual property already has its value, no doubt, and the real world of criminal law should be subject to appropriate protection. Reasons: (1) to obtain virtual property takes some effort, and the need to invest a lot of time, while there is still in the accompanying property investment. (2) labor not get into the game the only way to virtual property, you can also pay the corresponding price of gold gets in the way. (3) the presence of virtual property and real property, real conversion market. (4) virtual property with real money mode fixed exchange already exists. At the same time, I believe that virtual property needed to intervene and protect the Penal Code, the following reasons: First, the behavior of virtual property theft has serious social harm, criminal law intervention needs to be regulated. Secondly, criminal involvement virtual property protection, both conducive to protecting the legitimate interests of the players, but also conducive to the healthy development of the gaming industry. Finally, from the point of view of criminal law functions and tasks, the use of criminal law to combat theft of virtual property acts as an inevitable measure to protect virtual property. And for the theoretical analysis, the theft of virtual property right system of criminal law is not contrary to the principle of criminal law and criminal offenses Modesty legal principles. The theft of virtual property is recognized as a crime in which the author identifies with the behavior of the theft of virtual property should be characterized as theft. This is because, first, the theft of virtual property damage to a computer system behavior identified as crime does not comply with the terms of the subjective requirements. Secondly, from the harm of the computer system behavior point of view, the virtual property theft computer systems did not have any real seriousness of damage. Finally, the theft of virtual property theft actions are consistent with the subjective and objective elements. Theft violation of the object is public and private property ownership. For the theft of virtual property specific method for determining the amount, according to the actual situation, the amount of criteria. I believe that there are two ways to be more workable: (1) whether the stolen goods in accordance with the perpetrator and the use of different methods of identification; (2) a third party assessment authority, the Court finds appropriate. The fourth chapter focuses on the control of the domestic and international theft of virtual property on the legislative and judicial behavior theory and practice, for our current situation, analysis and elaboration of our country in the fight against acts of theft of virtual property legislation and the feasibility of the theory and practice of justice thinking . I believe that you first need to Penal Code section 92 for legislative interpretation. Provisions of the Penal Code 92 extended to the extension of the concept of property virtual property, virtual property are included in Section 92 of the Penal Code overarching requirement, Penal Code Section 264 Theft object \the legal status of virtual property. Second, the use of the Criminal Law Amendment approach, regulation of virtual property theft crimes, may Theft Penal Code section 264, the object of the crime and identify the standards be revised to increase the case of theft of virtual property, as determined by the amount and circumstances method is the most standards. From the judicial perspective, first of all, should follow the principle of legality and interpretation based on the principle and bold interpretation, a positive response. Highest judicial authority should play a leading role in the theft of virtual property crime rational judicial response for all levels of the judiciary to provide a unified, scientific and reasonable discretion standard. Second, the definition of the principle of criminal law protection of virtual property. Highest judicial interpretation issued by the judiciary to clarify the properties of virtual property and scope of the proposed definition from the following directions: (1) virtual property must exist with the real world, the legal level of contact; (2) virtual property with economic value; (3) the sense of virtual property is the property of the Criminal Code. Finally, in the theft of virtual property crime, the value of virtual property should be measured in the judicial practice identified several aspects: First, the amount of break-only to establish the amount of co-existence with the plot identification and discretionary mechanisms; Second is to establish mechanisms for measuring fair value.

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