对强索网络虚拟财产行为的定罪研究

On the Conviction of Gaining Net-invented Property by Violence

盗骗网络虚拟财产的行为已经进入刑事实践和刑法理论的视野,而强索网络虚拟财产的行为尚未引起刑事实践和刑法理论的关注。基于必要性和可行性,对强索网络虚拟财产行为的惩处不是刑事立法问题而是刑事司法问题,应直接按照现行刑法的相关条文对强索网络虚拟财产行为予以定罪。

The behavior of gaining net-invented property by stealing and cheating has come into the field of criminal practice and theory, while the behavior of gaining net-invented property by violence has not been paid attention yet. From necessity and feasibility, the issue of gaining net-invented property by violence doesn＇t criminal legislation but belongs to criminal unification. The case of gaining net-invented property by violence should be convicted according to the relevant clauses of the current criminal law.