For the illegal acquisition of users' virtual property, the crime amount should be calculated according to the official price or the market price respectively; For the illegal acquisition of virtual property by network service providers, on the premise that the crime is established, the punishment should be based on the seriousness of the case, not the value (amount) of virtual property.
theft element:
object element
the object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. However, real estate can be separated from the attachments of real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, etc., and can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime. The object of theft is the ownership of public and private property. Ownership includes possession, use, income and disposal.
objective factors
objectively, this crime is manifested as the perpetrator stealing a large amount of public and private property or stealing public and private property for many times.
Theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim. We should pay attention to several problems:
(1) Although theft is usually secret, its original intention is also secret theft, but theft cannot be limited to secret theft, otherwise it will lead to unfair punishment.
(2) Theft is a process of excluding others' domination of property and establishing a new domination relationship. If you simply exclude others' control over property, it is not theft.
(3) Theft is the process of transferring the property occupied by others to a third person through peaceful means. If the means contain violent elements, you can't identify theft.
(4) to establish the crime of theft, it is necessary to steal a large amount of public or private property, or to steal public or private property for many times. "Large amount" is a relative concept, which needs to be determined according to the differences of local economies.
theme element
the subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute the subject of this crime. The change of subject is an important part of the change of this crime According to the provisions of the original criminal law, minors who have reached the age of 14 and under the age of 16 shall bear criminal responsibility if they commit the crime of habitual theft and major theft. This law abolished this clause.
Subjective factors
Subjectively, this crime shows direct intention and has the purpose of illegal possession.
for the illegal acquisition of users' virtual property, the crime amount shall be calculated according to the official price or the market price respectively; For the illegal acquisition of virtual property by network service providers, on the premise that the crime is established, the punishment should be based on the seriousness of the case, not the value (amount) of virtual property.
is it illegal to damage virtual property?
The infringement types of network virtual property are mainly property possession and property damage. Property possession is the illegal transfer of virtual property from the victim's account to the infringer's account. Property damage refers to selling or destroying virtual property.
legal basis: article 184 of the civil law infringes upon the property of others, and the property loss shall be calculated according to the market price at the time of loss or other reasonable means. Article 187 After the damage occurs, the parties may negotiate the payment method of the compensation fee. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee.
I hope the above contents can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 of the Civil Code of People's Republic of China (PRC)
The personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them. Article 113th
of the Civil Code of People's Republic of China (PRC), the property rights of civil subjects are also protected by law.
Article 127 of the Civil Code of People's Republic of China (PRC)
Where there are provisions on the protection of data and network virtual property, those provisions shall prevail.