A Study of the Judicial Practice to Tackle the Virtual Property Thefts in China Today

DOI

10.2991/978-2-38476-040-4_17How to use a DOI?

Keywords

Crime of Theft; Virtual Property; Crime of Illegally Obtaining Computer Information System Data

Abstract

Technology is a double-edged sword. While benefiting human life, it also provides cybercriminals with more emerging and hidden criminal methods and ideas. As a result, the virtual network property has also become the object that China’s criminal law should protect. The act of stealing virtual property on the Internet should be punished as the crime of illegally obtaining computer information system data or the crime of theft. The difference in the punishment provisions between the two leads to differences in handling such acts in our country. The premise of how to correctly understand the criminal behavior of “stealing network property” is to clarify whether “virtual property” should have the attribute of “property “ as defined in criminal law. This paper will analyze the foreign recognition of this behavior by analyzing the practice of trial, the theory, and the comparative and statistical methods. It will start from the theory base on the trial practice and summarize the ruling documents on the behavior of stealing virtual network property in China through discussion. This research aims to determine the behavior of breaking up and analyzing the theft of virtual network property, providing some ideas to unify our judicial practice by summarizing relevant viewpoints through the demonstration.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Weinan Jiang
PY  - 2023
DA  - 2023/04/24
TI  - A Study of the Judicial Practice to Tackle the Virtual Property Thefts in China Today
BT  - Proceedings of the International Conference on Education, Humanities, and Management (ICEHUM 2022)
PB  - Atlantis Press
SP  - 178
EP  - 185
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-040-4_17
DO  - 10.2991/978-2-38476-040-4_17
ID  - Jiang2023
ER  -