On the background and research significance of the topic selection of virtual property

The background is that human beings have entered the era of big data, and mobile phones, computers, and various data terminals have derived digital products and properties, such as online game currency, Q coins, etc. These virtual properties urgently need to be protected by legislation, but today's electronics industry is changing too fast, and legal norms are far from keeping up with the trend and direction of the development of the times.

The significance of the study can start from the constitutional provision that the legitimate property of citizens is sacrosanct, and the virtual property is also a part of the legitimate property of individuals, as well as the promotion of order, health and harmony of the times.

What is the difference between general physical property and virtual property? Virtual property cannot be circulated and used in real life.

Virtual property refers to the digital and non-physical form of property in a narrow sense, which includes a series of information products such as online games, emails, and online paging. Including the image of the character formed in the virtual life for a long time, which cannot be converted into the virtual property in real life and the digital and non-materialized property form in the narrow sense, it includes a series of information products such as online games, e-mail, and online paging. However, due to the current prevalence of online games, virtual property refers to the property existing in the online game space to a large extent, including the level of the game account, the game currency, the various equipment owned by the game characters, etc., and these virtual properties can be converted into real property under certain conditions.

The concept of "virtual" is a logical starting point for the study of the legal issues of virtual property.

In a literal sense, the word "virtual" means "to simulate the real and to be as real". Based on this basic meaning, the term "virtual" is often used to refer to things that produce almost as much potency as the modified term. Since the 90s of the 20th century, the word "virtual" has been used to describe almost everything related to computer and Internet technology.

In fact, a series of different understandings and applications of the term "virtual" may be formed from different research perspectives and disciplinary paradigms, so it is necessary to clarify the concept of "virtual" within the scope of research in this topic, so as to establish a logical starting point for the following. The concept of "virtuality" of this paradigm originates from the activity operation platform supported by computer networks, which is the use of computer technology by human beings in cyberspace, relying on pre-set programming languages to simulate and print copies of real things, making them like things in the real world. In this sense, "virtual" not only shows the simulation and realistic reproduction of real things by computer technology, but also emphasizes the information characteristics of "virtual" content, highlighting the application and extension of real technology in the new space of human activities - cyberspace.

In other words, "virtual" in this sense is interdependent with information technology, including communication technology, digital technology, and computer technology.

The concept of "virtual" in this article refers to the "virtual" under the paradigm of network technology, which is to describe, store and transmit the achievements of human civilization in the form of binary in cyberspace. From this point in mind, we can further define the meaning of "virtual property".

There are different views in criminal law theory and practice as to whether online virtual property can be identified as property or property within the meaning of the criminal law. The affirmative view is that virtual property meets the property elements of property crimes in the meaning of the Criminal Law, and virtual property is becoming the object of protection under the Criminal Law because of its indelible property.

At the same time, the system of respecting Wang in the Criminal Law is relatively closed, and it cannot be understood that only those explicitly enumerated in the Criminal Law are clearly stipulated. Taking property as an example, the criminal law cannot enumerate it endlessly, and the understanding of property cannot be limited to enumeration provisions. The negative view is that:

Virtual property does not have universal value, and for game-addicted players, virtual property can be worth a thousand dollars, but to outsiders, valuable virtual property may not be worth much. Virtual property is virtual and can only exist in a specific game environment and has no value in itself. When the game server is down, players can't realize the virtual property they have obtained in the game.