论QQ号的法律性质及其刑法保护

The commentary on the legal nature of QQ number and its protection by criminal law

网络空间中虚拟财产的类型呈现出多样化的趋势。QQ号是否属于一种虚拟财产,在刑法理论界存在争议。深圳市南山区法院关于盗窃QQ号案件的刑事判决,回避了对虚拟财产的法律定性,从而使得这一判决的法律示范效应大为降低。伴随着盗窃、诈骗QQ号案件的大量出现,对于类似的虚拟财产进行理论研究和司法乃至立法认可,意义重大。

The type of virtual property in the cyberspace has taken on a tendency of diversification. In the field of criminal law theory there has been a hot dispute of whether the QQ number belongs to a virtual property. The criminal judgment about the case of QQ number made by the court in the NanShan district of Shenzhen has avoided the evaluation of the virtual property＇ s legal nature, which causes the legal demonstration effect of the decision greatly reduced. With the case of QQ number fraud and theft massively appearing, it has important significance to research on both the theory of the similar virtual property and the approval of the virtual property by Justice and legislation.