网络游戏虚拟财产盗窃入罪化论证 [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:4189
论文字数:1291论文编号:org201308282054214069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:从现实社会中发生的盗窃网络游戏虚拟财产的案件可以看到,这种盗窃行为使受害人遭受实际的经济损失和精神上的痛苦,而行为人获得非常可观的利润,具有一定的社会危害性,应受到刑事处罚。
f Internet cafes in the computer, causing a large number of Internet cafes in the Internet "Legend" online game user accounts, passwords being intercepted, the defendant Chen Hui utilize intercepted username, password stealing a lot " Legend "online game users virtual equipment and trading profit through the website. Jinhua, police investigation found that the case, the case that steal online game account at least as many as hundreds of thousands, involving nearly one million. Influence in the local case greatly, due Trojans spread wide once caused most of the city cafes "out of business", Internet cafe owners suffered heavy losses. However, due to the lack of relevant laws Thief 3 network but only to destroy computer information systems convicted and sentenced to a maximum sentence of only one year and six months. Therefore, the final Jinhua City to District People's Court held that the defendant Chen muddy, Zeng Tao, Qi was built in violation of state regulations, computer information systems to increase application processing operations, the consequences are serious, their behavior had constituted the destruction of computer information systems crime, the Department of common crime. The verdict of the case are: the defendant Chen guilty of destruction of computer information systems play sentenced to six months to one year imprisonment, suspended for two years; Zeng Tao defendant guilty of destruction of computer information systems and sentenced to one year imprisonment; Qi Jian defendant guilty of destruction of computer information systems, sentenced to ten months. For this decision, many local victims do not understand why the owners of Internet cafes only in order to be convicted and destruction of computer information systems, rather than punished for theft, so the result is "cheap" criminals. In this regard, Jinhua City Po District People's Court explained that because of the case of equipment stolen by the defendant based online game virtual property, physical form can not be rendered difficult to identify the specific value, such as identification theft is so lacking elements. So far, China has not a department of the value of such property for effective identification, here there is no relevant legal provisions, it can only crime to destroy computer information system filing convicted.
After the 1990s, China has successively promulgated a series of information and network security-related laws and regulations, China's existing network initially formed the legal basis for crime prevention and control. 1997 amendments in the Penal Code, an increase of about computer security and crime three terms, namely Article 285, Article 286 and Article 287. December 9, 1997, the Supreme Court Judicial Committee of the 951st meeting of the "on the implementation of
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