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Online game virtual property law benefit analysis

Author: DingTian
Tutor: ZhangShaoYan
School: Graduate School of the Chinese Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: Virtual property Property crime Legal interests Constitute a crime
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 159
Quote: 1
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Abstract


With the rapid development of information technology and Internet services industry, virtual property is no longer a novelty, it is more and more integrated into our modern life. Network users gradually formed a new concept of property, increasing emphasis on virtual property interests at the same time, the virtual property new property crime criminal legislation, judicial and criminal law theory research has brought new challenges, has opened up new horizons. This paper tries to law in criminal law theory beneficial perspective of virtual property protection. The author's view is that virtual property legal interest belongs to the benefits of property law, the virtual property violations and violations of the physical property crime are essentially the legitimacy of property interests against. Applicable traditional property crime provisions to regulate virtual property crime, will inevitably face a number of challenges, and thus shows the current criminal legislation on the protection of virtual property omissions. Barriers to virtual property law interests and property legal interests of consistency, or traditional property crime provisions apply to virtual property crime, and the nature of virtual property. Virtual property in the online game as the main object, the body is divided into three parts. The first two parts of the very nature of virtual property, virtual property laws to create awareness in equity base for the last part of the analysis. The first part is the virtual property virtual, in other words, the study of virtual property and property in the traditional sense of the physical property difference. Explain the virtual key is to grasp the relationship between the virtual property stored virtual property information electromagnetic records, can be divided into two aspects: one is the the virtual property electromagnetic record difference, or virtual property is equivalent to the electromagnetic records; Second virtual property and the contact of the electromagnetic records, or electromagnetic record what role virtual property. The second part is the property of the virtual property, in other words, the study virtual property and physical property in common in nature. This for a long time say for sure that with negative dispute, although relative to each other, but the idea of ??the proof is the same, the same question, namely whether the virtual property different answers to this issue in line with the general nature of the property. Therefore, on the basis of summing up the views and reasons on both sides, divided into two levels demonstrated virtual property property: the first level is the induction of the general nature of the property, the second level is the concrete manifestation of the virtual property of the general nature of the property . The third part is the virtual property legal interests. First of all, Criminal Law provisions on the crime of all kinds of property, protection of legal interests there is no difference between a common kernel is the protection of the criminal law on the legitimacy of the property interests. This paper from the main body of the three types of virtual property developers, operators and players cut analysis of the contents of the virtual property interests of the different subjects and legitimacy. Secondly, the existing criminal law has no specific provisions for virtual property crime and is not crimes against property provisions of Chapter be modified or interpretation of the judicial cases usually traditional property crime Terms of regulatory violations of virtual property. However, due to the virtual property has its own particularity, so the applicable traditional property crime Terms of also face a number of challenges. In which the author focuses on the amount of virtual property identified qualitative and beneficial acts of infringement of virtual property law these two issues.

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