网络虚拟财产盗窃行为的认定和刑法规制.pdfVIP

法规制的对策。 总之，对侵犯虚拟财产的行为，应建立健全刑法保护体系，这不仅是对虚拟 财产所有人应有权益的法律保护，而且是刑事立法随着时代进步自我完善和及时 跟进社会现实的应有举措。 关键词： 网络游戏虚拟财产盗窃刑法 Abstract With the network gaⅡ1e springing up，the cases inVolVing Virtual property in the g锄es are increasing，and there appears each“nd of new crime fornls like stealing tk suppositional cu盯ency，anicle，or ams in the network games．Forthe Vacuum of legislation and judicatory，the ofrcnse which we should put emphasis on is unable to be￡I、‘oided．The ingrained reason lies in the disagreement with the IegaI quality of the kind of property，in other words，on whether belongings do beIong to a kind of property which is approved by the law，whether they obtain the IegaI protection based on this，the dispute exists． So，in this article，lhe quality of the virtual property in the network game is nrstly focused on Analyzed its ori画n，essence as weIl as characteristic obtains，it is theoreIically proVed that the Propeny Law is 5upposed to be an open framework ．So not onIy the concrete property is logicalIy put in the in|1erent tradjtional property systembut the new kind ofbeIongings has its owlI space legalIy protected．And then aRer conn肿ed“s physicaI attribution and manifbstation，the virtual propeny can be certain substance eme昭ing in the network environrnents，and having the essential relationship with the reaI society as the traditional fonune， it also has objectiVity ，exclusiVeness scarceness transferability and value． Therefore iI js necessary to pmtect the Virtual properly which is bracketed with the private fortune． In the second part，by jntroducing the conviction of crime to encroachment on Virtual property in Tajwan Area，as well as the theoretical verdict and ofncial attitude on this conduct in Mainland a陀a ，the crime itself is emphasized．1t is an implicated oa’ense，which can not only be criminalthievery，but a crime endangering the security of computer infonnation on network．From its implementation motive and goaI，it has infiinged upon the exclusiVe rights and interests in