Italian virtual currency stolen
Publish: 2021-05-27 09:36:39
1.
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility2. In the current judicial environment, the network virtual property should not be included in the category of "property" in the crime of theft stipulated in Article 264 of the criminal law. The theft of network virtual property is not recognized as theft. If it constitutes other crimes, it shall be punished according to other crimes, such as the crime of illegally obtaining computer information system data
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. Both tangible and intangible objects have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured
as for the meaning of online virtual property, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of online game virtual currency, which was implemented on June 4, 2009, defines online game virtual currency: it is issued by online game operation enterprises, and game users use legal currency to purchase it directly or indirectly in a certain proportion, which exists outside the game program, It is a virtual exchange tool, which is stored in the server provided by online game operators in the form of electromagnetic recording and expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
from the above definition, we can see that the network virtual property has the following obvious characteristics: value specificity, a certain network virtual property can only exist in the game running on a specific server, can not be placed in other games, without a specific game, there is no value; The existence of its economic value depends on whether the players subjectively believe that it has use value and whether it can actually achieve transactions between different players in the same game; The value difference is different for different players, but it has no value for non players
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. But no matter they are tangible or intangible, they all have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured. In contrast, the network virtual property is obviously different from the "property" in the criminal law of our country, which does not conform to the concept of public and private property in the general sense of public cognition. The legal attribute of network virtual property is actually computer information system data, a virtual exchange tool, which can not be the object of theft< In addition, according to the principle of a legally prescribed punishment for a specified crime, only those who are prescribed as crimes by law can be treated as crimes, while those who are not prescribed as objects of crimes by law cannot be treated as objects of crimes. At present, China's criminal law and previous judicial interpretations on larceny have made clear provisions on "public and private property", but the network virtual property has not been interpreted as the object of larceny
from the definition and attributes of network virtual property, the essence of the legal attribute of network virtual property is electromagnetic records, that is, electronic data. The act of stealing network virtual property is fully in line with the constitution of the crime of illegally obtaining computer information system data stipulated in article 285 of the criminal law. The application of this crime is enough to objectively and comprehensively evaluate the nature of the act< It is difficult to identify the value of network virtual property
■ judicial observation
as for how to identify the value of network virtual property, there is no unified and universally recognized calculation standard in the theoretical and judicial circles
first of all, the current judicial interpretation does not stipulate how to determine the value of network virtual property, and there is no clear basis for its determination in judicial practice, so there will be disputes in determining its value anyway; Secondly, in the objective sense, network virtual property itself has no value, and its value can only be determined when players trade, which is difficult to be identified from an objective point of view; Thirdly, the value of network virtual property can only exist in a specific server and a specific player, which is separated from a specific server and lost the so-called value. There are different values for different players, so it is difficult to have a unified calculation standard; Finally, it is not objective to identify the value according to the repair cost or expected income paid by the server operator e to theft
therefore, defining the act of stealing network virtual property as theft will bring a series of problems to the determination of the amount. In the absence of a unified and objective calculation method of the amount and the determination of the crime of illegally obtaining computer information system data, it is not appropriate to interpret network virtual property as "property" in theft
from the perspective of overseas criminal legislation and justice, it is rare to treat the theft of network virtual property as theft. The theoretical circle and judicial practice of Italian criminal law do not recognize that the act of stealing virtual property constitutes the crime of theft stipulated in Italian criminal code. It follows the principle of style interpretation and forbids to expand the interpretation of "property", including information data. As for the infringement of network virtual property, the Italian criminal code has set up a section after the traditional crime. Although there are cases in the criminal judicial practice of Japan that determine the crime of using electronic computer to defraud virtual property, it stipulates the special crime of "using electronic computer to defraud" after the traditional crime of fraud. The general theory of Japanese criminal law also believes that the fictitious property does not belong to the crime object of theft stipulated in the Japanese criminal code
in 2003, the criminal code of Taiwan deleted the provision that electromagnetic records were set as movable property in 1997, and the provisions on stealing electromagnetic records are applicable to computer crimes such as obtaining computer information system data
in conclusion, according to the special nature of network virtual property, it does not have the property attribute in the sense of criminal law. Based on the principle of legality, the theft of network virtual property can not be regarded as theft, but can be punished as the crime of illegally obtaining computer information system data.
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. Both tangible and intangible objects have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured
as for the meaning of online virtual property, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of online game virtual currency, which was implemented on June 4, 2009, defines online game virtual currency: it is issued by online game operation enterprises, and game users use legal currency to purchase it directly or indirectly in a certain proportion, which exists outside the game program, It is a virtual exchange tool, which is stored in the server provided by online game operators in the form of electromagnetic recording and expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
from the above definition, we can see that the network virtual property has the following obvious characteristics: value specificity, a certain network virtual property can only exist in the game running on a specific server, can not be placed in other games, without a specific game, there is no value; The existence of its economic value depends on whether the players subjectively believe that it has use value and whether it can actually achieve transactions between different players in the same game; The value difference is different for different players, but it has no value for non players
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. But no matter they are tangible or intangible, they all have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured. In contrast, the network virtual property is obviously different from the "property" in the criminal law of our country, which does not conform to the concept of public and private property in the general sense of public cognition. The legal attribute of network virtual property is actually computer information system data, a virtual exchange tool, which can not be the object of theft< In addition, according to the principle of a legally prescribed punishment for a specified crime, only those who are prescribed as crimes by law can be treated as crimes, while those who are not prescribed as objects of crimes by law cannot be treated as objects of crimes. At present, China's criminal law and previous judicial interpretations on larceny have made clear provisions on "public and private property", but the network virtual property has not been interpreted as the object of larceny
from the definition and attributes of network virtual property, the essence of the legal attribute of network virtual property is electromagnetic records, that is, electronic data. The act of stealing network virtual property is fully in line with the constitution of the crime of illegally obtaining computer information system data stipulated in article 285 of the criminal law. The application of this crime is enough to objectively and comprehensively evaluate the nature of the act< It is difficult to identify the value of network virtual property
■ judicial observation
as for how to identify the value of network virtual property, there is no unified and universally recognized calculation standard in the theoretical and judicial circles
first of all, the current judicial interpretation does not stipulate how to determine the value of network virtual property, and there is no clear basis for its determination in judicial practice, so there will be disputes in determining its value anyway; Secondly, in the objective sense, network virtual property itself has no value, and its value can only be determined when players trade, which is difficult to be identified from an objective point of view; Thirdly, the value of network virtual property can only exist in a specific server and a specific player, which is separated from a specific server and lost the so-called value. There are different values for different players, so it is difficult to have a unified calculation standard; Finally, it is not objective to identify the value according to the repair cost or expected income paid by the server operator e to theft
therefore, defining the act of stealing network virtual property as theft will bring a series of problems to the determination of the amount. In the absence of a unified and objective calculation method of the amount and the determination of the crime of illegally obtaining computer information system data, it is not appropriate to interpret network virtual property as "property" in theft
from the perspective of overseas criminal legislation and justice, it is rare to treat the theft of network virtual property as theft. The theoretical circle and judicial practice of Italian criminal law do not recognize that the act of stealing virtual property constitutes the crime of theft stipulated in Italian criminal code. It follows the principle of style interpretation and forbids to expand the interpretation of "property", including information data. As for the infringement of network virtual property, the Italian criminal code has set up a section after the traditional crime. Although there are cases in the criminal judicial practice of Japan that determine the crime of using electronic computer to defraud virtual property, it stipulates the special crime of "using electronic computer to defraud" after the traditional crime of fraud. The general theory of Japanese criminal law also believes that the fictitious property does not belong to the crime object of theft stipulated in the Japanese criminal code
in 2003, the criminal code of Taiwan deleted the provision that electromagnetic records were set as movable property in 1997, and the provisions on stealing electromagnetic records are applicable to computer crimes such as obtaining computer information system data
in conclusion, according to the special nature of network virtual property, it does not have the property attribute in the sense of criminal law. Based on the principle of legality, the theft of network virtual property can not be regarded as theft, but can be punished as the crime of illegally obtaining computer information system data.
3. Due to the lack of legal provisions, the handling of the theft of virtual property, which is different from the real theft, is very inconsistent in different places: some public security organs do not file a case, some impose a warning, fine or public security detention on the perpetrator in accordance with the relevant provisions of the regulations on the security protection of computer information systems and the administrative measures for the security protection of computer information network international networking; Some courts have convicted and sentenced the defendant for theft, while others think that this is not in line with the principle of a legally prescribed punishment for a specified crime. Because the virtual property such as q-coin has not been regarded as a property right in law, they have sentenced the defendant to the crime of obstructing the freedom of communication. Different courts have ruled that in online games, many game masters can sell these game coins after earning a lot of game coins. This also includes some network hackers who steal the QQ number and then the QQ coin bound with the QQ number. These people often change the stolen Q currency into game currency, and then change the game currency into Q currency to launder money, and then sell it for cash
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
4. Bitcoin, Ruitai coin, Laite coin and doggy coin are real digital cryptocurrencies with irreversibility. They are a decentralized distributed network, and it is difficult to trace stolen ones. However, foreign scholars have shown that they can be traced, but they are still in the theoretical stage at present. The last time Ethernet coin was stolen, it was a hard fork solution.
5. 1. Detailed introction of PI coin: pchainnetwork (PI) is a new type of native multi chain system, which makes it possible for large-scale instrial application of blockchain smart contract. The main technological innovations of pchainnetwork include: the world's first native multi chain supporting EVM, sharding consensus pipeline, smart contract of smart data, cross chain call and transaction< 2. Statistics of the total amount of PI currency: 2100 million PI
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%
warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction
response time: July 14, 2020. Please refer to the official website of Ping An Bank for the latest business changes
[Ping An car owner loan] you can borrow a car, up to 500000
https://b.pingan.com.cn/station/activity/loan/qr-carloan/loantrust.html?source=sa0000632&outerSource=bdzdhhr_ zscd&outerid=ou0000250&cid=bdzdhhr_ zscd&downapp_ id=AM001000065
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%
warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction
response time: July 14, 2020. Please refer to the official website of Ping An Bank for the latest business changes
[Ping An car owner loan] you can borrow a car, up to 500000
https://b.pingan.com.cn/station/activity/loan/qr-carloan/loantrust.html?source=sa0000632&outerSource=bdzdhhr_ zscd&outerid=ou0000250&cid=bdzdhhr_ zscd&downapp_ id=AM001000065
6. Both coin security and fire coin are virtual currency platforms and head platforms. At the same time to provide users with trading, information, mining and other proct services. However, many coin security projects do not have fire coin, they are two platforms.
7.
in fact, the generation of virtual currency also needs professional development team to develop, and cannot be developed and generated by itself. The development technology of virtual currency is mature, and there is no technical difficulty, but the positioning of virtual currency is the biggest problem, and the generation of virtual currency needs a lot of hardware equipment to mine
it is not a general equivalent, but an expression of value relevance, or a symbol, or a kind of personalized currency. On the other hand, it can also be called information currency. What they have in common is that they are all symbols of uncertain value and relative value. In this case, the traditional meaning of money has been broken. Money in the original sense is only a special case of a new and broader currency. Money can be regarded not only as a general equivalent, but also as a group of symbols of relative value
8.
In virtual currency transactions, security problems occur every day. Blockchain technology can ensure that all transactions will not be tampered with, but central transactions using virtual currency are vulnerable to hackers
this is to remind investors that virtual currency investment and trading are not protected by law. Anyone who tries to cross the red line should not take any chances by using virtual currency; Money laundering; Our behavior will be severely punished by law
9.
he is probably caught up in the hacker Gang, because according to police investigation, it is a crime that makes use of hacker's technology to get information from victim's computer. The suspect used the hacker's method and technology to steal the victim's virtual currency's account, and also used a fake document to reorganize his mobile phone, and finally cracked his transaction password. So the man was targeted by the hacker gang
at ordinary times, we should also pay attention to our own account problems and mobile phone security, because some criminals always use some means to crack other people's account information, because once it is cracked by others, it will cause great economic losses, so we must pay special attention to this, For example, the man who is targeted by the hacker Gang is likely to show off his huge assets everywhere, because if he doesn't show off, then the hacker Gang doesn't know that he has so much money and won't target it, so the homework should be low-key and don't show off his wealth everywhere, otherwise he won't know if he is targeted
10. Probation is also known as probation. If the sentence is three years and the probation period is four years according to the law, if there is no violation of the law, there is no need to serve the sentence in the place of penalty execution< Legal basis:
Article 72 of the criminal law [applicable conditions] for criminals who are sentenced to criminal detention and fixed-term imprisonment of not more than three years and meet the following conditions at the same time, they can be suspended. For those who are under the age of 18, pregnant women and those who have reached the age of 75, they should be suspended:
(1) the circumstances of the crime are relatively light< (2) repentance< (3) there is no danger of recidivism< (4) the announcement of probation has no significant adverse effect on the community in which they live
when a suspended sentence is announced, criminals can be prohibited from engaging in specific activities, entering specific areas and places, and contacting specific people ring the probation period according to the crime situation
If a suspended criminal is sentenced to an additional sentence, the additional sentence must still be executed
Article 76 [probation and its positive consequences] ring the probation period, a criminal who has been sentenced to probation shall carry out community correction in accordance with the law. If there is no circumstance specified in Article 77 of this law, the original penalty will not be executed and will be publicly announced upon the expiration of the probation period< Article 77 If a criminal whose sentence has been suspended commits a new crime ring the probation period of probation, or finds that there are other crimes that have not been decided before the judgment is pronounced, the suspension shall be revoked, and a judgment shall be made on the newly committed crime or the newly discovered crime, and the penalty imposed on the former crime and the latter crime shall be determined in accordance with the provisions of Article 69 of this law, The penalty decided to be executed
If a criminal whose sentence has been suspended violates laws, administrative regulations or the provisions of the relevant departments of the State Council on the supervision and administration of probation ring the probation period of probation, or violates the prohibition order in the judgment of the people's court, and the circumstances are serious, the probation shall be revoked and the original sentence shall be executed.
Article 72 of the criminal law [applicable conditions] for criminals who are sentenced to criminal detention and fixed-term imprisonment of not more than three years and meet the following conditions at the same time, they can be suspended. For those who are under the age of 18, pregnant women and those who have reached the age of 75, they should be suspended:
(1) the circumstances of the crime are relatively light< (2) repentance< (3) there is no danger of recidivism< (4) the announcement of probation has no significant adverse effect on the community in which they live
when a suspended sentence is announced, criminals can be prohibited from engaging in specific activities, entering specific areas and places, and contacting specific people ring the probation period according to the crime situation
If a suspended criminal is sentenced to an additional sentence, the additional sentence must still be executed
Article 76 [probation and its positive consequences] ring the probation period, a criminal who has been sentenced to probation shall carry out community correction in accordance with the law. If there is no circumstance specified in Article 77 of this law, the original penalty will not be executed and will be publicly announced upon the expiration of the probation period< Article 77 If a criminal whose sentence has been suspended commits a new crime ring the probation period of probation, or finds that there are other crimes that have not been decided before the judgment is pronounced, the suspension shall be revoked, and a judgment shall be made on the newly committed crime or the newly discovered crime, and the penalty imposed on the former crime and the latter crime shall be determined in accordance with the provisions of Article 69 of this law, The penalty decided to be executed
If a criminal whose sentence has been suspended violates laws, administrative regulations or the provisions of the relevant departments of the State Council on the supervision and administration of probation ring the probation period of probation, or violates the prohibition order in the judgment of the people's court, and the circumstances are serious, the probation shall be revoked and the original sentence shall be executed.
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