诈骗网络虚拟财产犯罪化之研究

Research on the Criminalization of the Act of Defrauding the Virtual Net Property

诈骗网络虚拟财产的行为呈高发态势,但目前我国的刑事立法和司法对此类行为的规制和惩罚还呈空白状态。诈骗网络虚拟财产的行为应当犯罪化,但是,在定性上不宜定诈骗罪和破坏计算机系统的犯罪,刑法应增加保护电子数据的相关规定,诈骗网络虚拟财产行为可以成立"破坏电子数据罪"。

The act of defrauding the virtual net property has been emerging frequently. However, nowadays,the punishments to such an act are lack in the criminal legislation and judicature. As a subject of criminal law,the central problem of the research is the criminalization of the act of the defrauding net virtual property. The act of defrauding the virtual net property should be defined as criminalization rather than fraud or the crime of destroying the computer system. The criminal law should complete the related regulation with the protection of electronic data. The act of defrauding the virtual net property can be convicted as ＂the crime of destroying the electronic data. ＂