网络犯罪刑法制定:Criminal penalties for theft network problems [2]
论文作者:www.51lunwen.org论文属性:硕士毕业论文 thesis登出时间:2013-08-29编辑:yangcheng点击率:7703
论文字数:1311论文编号:org201308290922202751语种:英语 English地区:中国价格:免费论文
关键词:网络盗窃网络犯罪网络游戏
摘要:网络游戏虚拟财产盗窃罪应该进入我国刑法当中,只有这样才能弥补法律的缺陷,才能从根本上保护网民和游戏玩家的利益,才能提高司法实践处理关于盗窃网络游戏虚拟财产的效率。
se to protect the legal interests criminal explain the purpose . Criminal law should intervene to the online game virtual space to do ? Online games based on the current development situation , the answer should be affirmative . Theft to steal online game account the behavior of virtual property is certainly not able to fully regulate ethical behavior, then the way through the administrative punishment can curb this theft it ? I think the consequences less severe for online game theft by administrative penalties penalizing effect. However, if a large amount of theft , resulting in serious consequences, should be punishable by penalties , from the current emergence of some serious online game virtual property theft of view , the huge illegal profits determines the means of punishment must be used in order to combat . For theft of online game virtual property theft to act if in accordance with the conviction and sentencing , according to Article 264 of the Criminal Law provides that " theft , at 3 years with a Fan imprisonment, criminal detention or control , or impose a fine gold ; amount is huge or other serious circumstances , at 3 years to 10 years imprisonment and fined ; huge amount or other especially serious circumstances, at 10 years of imprisonment or life imprisonment , a fine or confiscation of property ; stealing a huge amount of financial institutions , or the theft of precious relics serious , life imprisonment or the death penalty and confiscation of property . . " As for the specific amount of the standard in 1998, " the Supreme People's Procuratorate , Ministry of Public Security on the amount of theft that standard issues," explained the judicial interpretation .
Reference to the Taiwan region for virtual property theft criminal penalties of view, but also including freedom and property, criminal punishment , especially starting amount of the fine is set high , it can learn from. It is noteworthy that participate in the network game players , mostly young people, mainly students studying in the school which has accounted for a small proportion , sometimes because of the ages , mistakenly committing criminal law , according to the established criminal punishment , in their young lives Lane cast a shadow criminal record for their future work and life has great impact . The main purpose of punishment is to prevent crime, so if the perpetrator is a first offense, and a good attitude , and actively to restore the victim 's lost virtual property , you might consider : 1. Reduce sentencing discretion to make use of probation. (2) can be relatively free sentence shortened time while increasing the amount of fine . 3 can learn from Taiwan, Criminal Law Article 363 stipulates that "the ' three hundred and fifty eighth Articles 1 to Article 360 of the crime, upon complaint ', that is, when the player is Pirates of the account and the police solve the case caught the criminals , the player can in the courts of first instance before the ending of the debate has been withdrawn , forgive errand , and they therefore determined if the errand who repent and reconciliation , you can take back your treasures, of course, , the law is not involved in reconciliation contents , if you and your errand monetary compensation agreements were reached also possible . . " This provision gives those that cause less serious criminal consequences as a positive opportunity to correct their mistakes , but also played a penalty g
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