有偿转让QQ号码后通过申诉取回行为司法定性探究___以吕亚金案为例_论文.docVIP

关键词：QQ 账号；虚拟财产；盗窃；三角诈骗 2 Abstract The development of science and technology, especially of the network technology, bring lots of convenience to our daily life, and also bring many challenges to the legal provisions at the same time. With the development of economy and society, virtual properties, and all kinds of network accounts play a more and more important role in our real life. Because of the lack of relevant legal provisions, the victims rights are hard to be protected while their properties are in the danger of theft, fraud or other related criminal cases, and there are also lots of controversies in convicting offenders. This paper is talking about the qualitative disputes by a case. In this case, the suspect transferred his QQ number to the victim on the price of 4500 yuan, and then retrieved the QQ account through the official complaint way. There are many qualitative disputes on this case such as violation of freedom of communication, the crime of copyright infringement, theft, fraud and innocence. The focuses of the controversy is the legal nature of the QQ accounts, and complaint behavior belongs to steal or triangle fraud. This paper focuses on the legal nature of QQ accounts and some other network accounts, from the virtual property related legal theory, combined with the characteristics of the network account , from property concept demonstrates these accounts have the property attributes, could be the object of crime of property violation; Starting from the network account retrieval ways, through the related legal theories of triangle fraud and theft, combined with the plea agreement and the appeal process, find out the conduct should be triangular fraud or theft on different situations. Concluded that through the network services company retrieve password function or computer appeal way to retrieve account behavior should belong to the theft, and retrieve account by faking the others through artificial appeal way should belong to the fraud triangl