The difference between network theft and traditional theft

Theft refers to the act that the perpetrator takes public and private property as his own through secret theft. Property here refers to all tangible and intangible items and currencies that have practical value and can be converted into money to calculate their value.

Avenue network theft refers to the act of stealing passwords, controlling accounts, modifying programs, etc. through computer technology, and taking tangible or intangible property and money as your own.

In the online game of Avenue Avenue, the virtual currency obtained by paying money or the virtual currency and equipment obtained by paying cash to participate in the game belong to the intangible property owned by citizens. An actor who steals virtual property shall be convicted and punished in accordance with the provisions of the Criminal Law.

China's criminal law and the Supreme People's Court's judicial interpretation have not included virtual property in the social relations protected by criminal law. According to the principle of nullum crimen sine lege in criminal law, stealing virtual property belongs to nullum crimen sine lege. But if it is really "innocent", it will definitely encourage cyber theft. Therefore, the author believes that the theft of network virtual property should be recognized as theft and convicted and punished according to Article 264 of the Criminal Law.

First of all, virtual property belongs to the criminal object of theft. Virtual property in online games is mainly produced by players operating games, and its value includes players' labor input, internet access fees and so on. In addition, virtual currency and equipment in many games can be realized by prepaid cards, which are obtained by gamers by paying cash (that is, real money and silver). It can be seen that online virtual property has value and pricing, and can be traded, auctioned and converted. Therefore, virtual property is no different from traditional property in essence, and has the characteristics of "public and private property" protected by criminal law, so it should be included in the crime object of theft.

Secondly, the way of network theft is to illegally steal, intercept and receive the virtual property stored or spread in the computer information system. The characteristic of traditional theft is that the perpetrator illegally occupies public and private property that does not belong to him through secret theft. Because of the virtual nature of network property, the owner of network property does not need to possess the property in the traditional way, but can enjoy the property ownership in other ways, such as control account number and password. By stealing, intercepting, controlling and destroying the account number and password of the owner, the actor can determine that the owner illegally occupies other people's property.

Avenue, avenue, avenue, and finally the calculation of the amount of theft. Because there are differences between virtual property and traditional property in the way of existence and sales, we should pay attention to the following aspects when determining the amount of theft:

The value of the virtual property of Boulevard Boulevard (1) should be finally determined in RMB.

The value and price of money in the virtual property of Avenue are different from real money, and the consideration between virtual money and real money is not 1: 1. Therefore, when calculating the value of virtual property, it should not be calculated according to the figures on the virtual property, but according to the consideration paid for obtaining virtual currency.

Avenue Avenue Avenue Avenue (2) can only calculate the direct theft amount, but not the indirect loss amount.

If you have secret security on QQ, you can retrieve it yourself. If not, you can only go to Tencent customer service to complain. With your previous password and some personal data, the more detailed you are, the more likely you are to get it back, but there is no possibility of 100%.