The rapid development of computer technology, the global economy brings new opportunity, which changed people's way of life, but at the same time it also brings a series of new Internet space to solve the problem of. In July 19, 2011, China Internet Network Information Center (CNNIC ) released "statistic twenty-eighth China Internet development report in Beijing" (hereinafter referred to as the "report"). "Report" show, the first half of 2011, had a virus or Trojan horse attack Internet users reached 217000000, the proportion is 44.7%; there have been stolen account number or password experienced Internet users reached 121000000, accounting for 24.9%, an increase of 3.1 percentage points higher than the 2010; 8% of Internet users encountered consumer fraud on the Internet, the netizen scale up to 38800000 people. [1] for the majority of Internet users, the information security problems in network space belonging to themselves, has been paid more attention to, especially the digital property, virtual property is usually said "". The reason why the author did not use the concept of "virtual property", is because we do not agree with network digital property that is virtual, instead thinks, property it can be identified in the existing legal framework, which belongs to the type of property and non virtual reality.

In addition, it needs to be pointed out is, network digital property the author described here is not limited to equipment, money, account the so-called in network game, besides these, also contains such as e-mail, instant messaging accounts and other digital property. So, electronic works should also belong to this category, but because of the special and independent intellectual property rights, the author does not regard it as the focus of this paper. [2]

Legal nature of a digital, network property

(a) property

The concept of property is one of the common law, is generally interpreted as having a certain value, or rights certificate can be owned and controlled. In the civil law, the general is using the generalized concept of property, has the use value can require only, not limited to whether have the exchange value. In the criminal law, the general use of the narrow concept of property, not only requires the property has the use value, also requires an exchange value. In the chapter of "the crime of property violation", for stolen goods also has use value and exchange value. Therefore, this property is generally can be traded, with the features of the products, which has economic value. As the dust for many years, private correspondence, obviously one use value, but it is difficult to say with the exchange value, and therefore should not become the property of the meaning of criminal law.

Network digital information or tools will become the property of the criminal law? E-mail, ID, communication account, currency of the game and game equipment items, to the user the use value self-evident. Not only that, its use value is not limited to individual user, but has the use value of a majority of the population. About the exchange value, under normal circumstances, if only for personal use, the other people do not have use value, such as the individual's micro-blog etc., will not cause the data flow information needs, thus does not have a value in exchange, also cannot become the property of the meaning of criminal law. But this does not mean, such data and information are violated criminal law can't remedy, because it if not the so-called "property", but belonging to the computer information that is no problem, so even if the criminal law "crimes of property violation" chapter can not adjust, then can also use "the crime of destroying computer information system" to adjust the. If the network digital information or tool has the use value of considerable size of the crowd, then the general will cause the circulation demand, has become the criminal significance of the exchange value of the property. At this point, the author will use the concept of network digital property to the following discussion.

(two) circulation

Network digital property has value in exchange, can be traded, it has already been mentioned in the above. The author will discuss the main forms of the property in the circulation, which can further prove its property. The most typical is the sale mode of circulation. The Internet in China development over the years, the transaction has already been about communication account line, some users search the like account on a network, and contact with the account all people, in the case of consensus, can use the money to buy the form to complete the transaction in reality. In recent years, network game character level, items of equipment, even in game currency can be traded in the reality, and has formed a certain scale of the online trading market, some game player in order to optimize the role of the game in a short period of time, to obtain a high level of game items, online purchase other game player equipment, or to buy game currency, then use the money to buy the game equipment in the game platform. In addition, Webpage, e-mail can also transfer or buy. From the perspective of network, digital property with liquidity is beyond doubt, liquidity here includes both the necessity of circulation, including the circulation of the feasibility, and has been the fact that. Today, the type of information or tools in cyberspace has become the people living in common circulation object, but with the development of computer network technology, this trend will continue to strengthen, property circulation frequency increases, the scope will be expanded.

(three) the material bearing

Traditional ideas of law, property is the physical characteristics of the real thing, then gradually increase the rights or rights certificate. Remove the network space not to talk, the most common is the real and right certificates. Along with the people to pursuit the spiritual product, intellectual property has become the property of, but because it is the spiritual product, must rely on a certain matter to achieve its as the value of the property, for example, rely on print, audio and video, performance and so on, which will be based on a certain material form to achieve ownership possession, use, income and the purpose of punishment. The network data is stored in a storage of electronic information media, is the realization of the property through a certain matter, similar characteristics below the author to analyze network digital property.

Internet users through the accounts of proprietary proprietary, set password, can use alone the information resources, to realize the network property dominant. After the user has the resources, you can use the corresponding function, such as the use of electronic mail to send and receive e-mail, log on to the network game platform, obtaining role information games etc., realize its use value. Create Webpage users may browse through to attract advertisers, to obtain the proceeds, the user can finish the work by email, get paid. Network digital property owners also can transfer, rental and other forms of punishment at their disposal, possession of the network property, such as the game player to sell their own in network game character level or items of equipment. After the analysis, we can see, in the network digital property is in the data form, its possession, use, income and disposition, the user must be realized through the computer terminal, and basically depends on numerous web server can realize this kind of property preservation and circulation. The conclusion is: the nature of network digital property has the common property, but also can realize the rights of people to its dominant function, [3] is different it is material bearing, the function to achieve, must with the physical property of the computer network equipment as the carrier. Of course, the knowledge product and intellectual achievement also has a material bearing, but the digital property only by computer network equipment to carry, knowledge of product is not limited to this.

(four) the legal attribute

The legal attributes of network property, real right, creditor's right there, intellectual property rights, rights certificate and new rights etc.. Property said that, this kind of property is essentially electromagnetic recording data, should belong to intangible property, network users pay the effort, time and labor inputs, or directly through the money and made, enjoy the course property. The latter thinks that, this kind of property is a creditor, in between the user and the service provider of the service contract between the source relations this debt, also is the user through the commitment to service provider service agreement, the one-time service or provide continuous service, user created data information is based on the contract to provide services service. Intellectual property rights thought, this kind of property belonging to the intellectual achievements, because it has novelty, creativity, reproduction and carrier, it should be based on copyright protection. Right certificate said that, the essence of such property is a kind of value of the property right certificate, similar to a certificate of deposit and the stock. The document itself is not much significance, but it can embody the value subject of proof owned property; for example, the digital property is preserved in a virtual game communities, has certain independence, as the deposit bank independent independent of the stock market, stock management. [4] has said that this kind of property right, although some characteristics and other rights are similar, but generally does not belong to any kind of traditional rights, should the new types of rights to be protected as.

According to the above discussion, we can try to give the concept of network digital property. In the narrow sense, it refers to the computer terminal, server, network, digital, non physical and chemical property of the form, which includes network game account, game items, game currency, character attributes, e-mail, instant messaging and other information products. It should also include the network intellectual property and intellectual achievement in a broad sense, but because it already exists clear department law to regulate, so no special instructions, network digital property mentioned in this article refers to the narrow sense of the meaning of all.

Discuss the legal attribute of network digital property, its purpose is to look for support and protection of the law for this new product of social norms, legal relationship of this kind of property in network space and in reality. In view of this, can have two attempts, one is the property due to certain rights within the frame of the current, to within the framework of the law to adjust, such as real right, creditor's right, intellectual property rights and rights certificate; two is the property as a new type of property rights, the formation of a new framework, and adopt new legislation to regulate, such as the new right. According to the foreign and Chinese legislative experience, the general protection of different rights are separate legislation, such as "property law", "contract law", "copyright law", "negotiable instruments law", "Securities Law" and so on. The author thinks, property of network digital is based on the electronic data information is the state of existence, such as online games in the high level characters, its property and not a skilled person, but a group of electronic data, other items in the game is the same reason. This kind of property exists, obtain and use and other rights are different, so the author thinks that separate legislation is more appropriate, but also can be placed on the Internet legislation.

In addition, through the interpretation of criminal law or criminal law to regulate net behavior purpose. No matter how the property or property type, as long as can be evaluated for the meaning of the criminal law of property, then we can use the criminal law to adjust. In recent years, appear in the judicial practice of network game equipment and game currency case, illustrates the important role of criminal law in the adjustment of network digital property aspects.

Two, protection of network digital property

(a) the world for the protection of network digital property.

For the digital property of network, some countries have this legislation experience, there have been some cases.

The relevant law of Japan stipulates, virtual role in network game and virtual goods with independent property value. But for some other electronic information can become the criminal law sense of property is still controversial. The main focus of debate that can be copied. Because of the type of property crime in criminal law, the general requirements of property has to be exclusive possession or exclusive control of the state. Because the virtual role in network game and virtual items can not be copied in normal circumstances, the use and control with special properties, so it can become the object of theft, property crime, but the network also has a lot of information can be copied. The Japanese criminal law theory "theft" is a difficult concept to explain why some property stolen, can exist in its place. At present, for such cases, Japanese academic circles still discuss and try to solve the problem through new legislation. [5]

South Korea's online game industry is very developed, come out in front in the world, which promoted the rise of virtual property of network games market to a large extent. The network game service providers quickly realized, simple game account just a source of profits, but to the game player game virtual items of high grade is expected to become a new profit growth point. High value game articles brought new network crime, the South Korean government has tried to prevent crime network property by banning this type of property transactions, but the effect is not ideal, but the trading behavior of such gray industry, simply can not put an end to such phenomenon. In this context, the South Korean constitution stipulates in explicit terms, the role of virtual network game and virtual items in the service business and has the value of independent property, no difference on the property nature of virtual property and the bank account of the so-called. The bank account of the property is money, then the virtual property of network games in South Korea legal opinion is the currency of the electronic form.

The British "improper use of computer to" clear provisions, any person of computer implementation of executive function, intention to use computer services in the unauthorized interception of computer, system function, using the computer system intervention damage data or program computer related crimes, the crime. [6]

American is a case law country representative, about the illegal behavior in network digital property, America is generally based on the existing legal framework to accommodate the illegal behavior of this new. There was precedent for without permission or authorization to send mail to another email behavior, in accordance with the hacking of chattel to handle. Here, the e-mail system is the court understood as chattel. There are precedents, sending spam behavior is illegal crossing private domain. Here, electronic mail, and e-mail system was used as a private place to protect. Such cases and criminal law on the illegal invasion of computer systems have very similar.

(two) the protection of network digital property

Our country to draw lessons from the experience of the world have also carried out a series of network digital property protection legislation, the main way is to the existing legal framework, such as the civil law (mainly is the real law), intellectual property law and criminal law, as well as some administrative regulations to travel adjustment, supplemented by specialized Internet of some of the regulations. But in fact there is an important problem, legal qualitative problem is about the network of digital assets, to solve the problem directly affects what law to regulate this kind of property relations. But the fundamental problem is still in discussion in academic circles, and no law defines the network digital property in law. The Ministry of culture and the Ministry of Commerce in June 4, 2009 issued a "notice" on the strengthening of the network game virtual currency management of the file, the file from the "strict market access, strengthen the management", "regulate the issuance and transactions, to prevent market risks", "strengthen market supervision, crack down on the use of virtual money in gambling and other illegal and criminal behavior", "increase the intensity of law enforcement, four aspects to purify the market environment" and other provisions of the administrative department of culture around the strict protection of the network virtual money is safe, prevent network crime. This provision is the future legislation on the vane of property protection in our country, but does not have the legal function, while protecting the object scope is only limited to the network game.

At present, regulate the protection of network digital property law in China is mainly the criminal law. The protection of electronic information network is the "criminal law" article 285th and article 286. But due to the different scope of interpretation of criminal law, the two adjustment is limited. When network digital property stolen, judicial organs for handling is not the same. If the stolen is game virtual role hierarchy, virtual items, usually with 264th burglary conviction, if the stolen e-mail or QQ account, is usually a violation of freedom of communication to the 252nd conviction.

China's Hongkong Special Administrative Region is also on the protection of network property legislation. According to the "Telecommunications Regulations" article 27A, any person by means of telecommunications, knowingly make computer to perform any function, so as to take any program or data held by the computer in the unauthorized, shall be guilty of an offence, a conviction, to a fine of 20000 yuan. [7] 200th chapter "Crimes Ordinance" provisions of article 161st, anyone who has the intention or purpose and use computer (a) intent crime; (b) a dishonest intent to deceive; (c) aims to make himself or others dishonest gain; or (d) a dishonest intent to cause others to suffer the loss, shall be guilty of an offence, shall be liable on conviction upon indictment, shall be liable to imprisonment for 5 years. [8] such as obtaining property by deception, according to the provisions of the 210th chapter "theft Ordinance" in article seventeenth, the maximum penalty may be sentenced to 10 years in prison. [9]

China's Taiwan region of legislative protection for personal data information in network game. Taiwan region in the "criminal law amendment" in the form of increased 358th (computer intrusion or its related equipment crime) Ji Di 359 (failure electromagnetic recording crime). The provisions of article 358th, without input protection measures of others, using the computer account password cracking or exploit vulnerabilities in computer system, intrusion of another computer or other related equipments, is less than 3 years imprisonment, detention or, or a 100000 yuan fine. The provisions of article 359th, electromagnetic records, delete or alter them without obtaining a computer or other related equipment, so that damage to the public or others, sentenced to 5 years in prison, detention or, or a 200000 yuan fine. [11] then, qualitative problem solving in network game virtual property theft cases in Taiwan area "Ministry of justice", make a special explanation: "in November 23, 2001, the online game account the role and the treasures were stored data, by way of electromagnetic records to the game server, the game account for all electromagnetic recording role and treasures to govern right, any sanctions or transfer of roles and treasures, and the role and the treasure is virtual, but in the real world property has a certain value, game player can auction or exchange through the network, different from the real world is not property, so the role of online games and treasure seems no reason not as criminal law of theft or the object of the crime of fraud protection." In addition, the Taiwan "criminal law" 220th article third States: "said electromagnetic records, the records to electronic, magnetic or other cannot take the perceived directly know way made for computer processing, and use." According to the "criminal law" provisions of the Taiwan [12], electromagnetic record belongs to "the book" category, property is a matter. Therefore, in the network game virtual "treasures", electronic mail, OICQ numbers are electromagnetic records. This is from the law affirms the role of virtual game player in the game have and virtual goods and property, virtual property as "objects" protection.

In short, China has not yet formed a network of digital property legal protection system, the crime part is accommodated by the criminal law amendment or interpretation of criminal law, but it is not comprehensive enough, is also not uniform.

Three, our country criminal law protection of network digital property

(a) related charges

According to our existing system of criminal charges, for the protection of network digital assets, generally relates to theft as the representative of the infringement property crime, the crime of violation of freedom of communication as the representative of the infringement of citizens' personal rights, democratic rights of crime, the illegal invasion of computer information system as the representative of the hindrance social management order crime.

Crimes of property violation. On the network digital assets as the object of the crime, the key is to solve the property attribute of network digital information, especially the problem of property in criminal law. The author has analyzed the above property network digital property has property characteristics, the meaning of the criminal law, thus become the object of crime against property is easy to understand. Virtual equipment and virtual currency is the most common practice is network game stolen phenomenon. Both the theoretical circle and judicial circle, has a more consistent view to qualitatively similar behavior. The so-called network virtual property, generally refers to the netizen, game player to accumulate in the network game account money, equipment, pet and other property. Has the use value for the game player, and can be transferred, with the exchange value, which reflects certain property of value in reality, so the virtual property has the general attributes of goods, to seek legal protection is reasonable. [ 12]

In December 28, 2000 the "decision" of the NPC Standing Committee on safeguarding Internet Security fourth clearly defined, in order to protect individuals, legal persons and other organizations of the person, property and other lawful rights, for using the Internet for theft, fraud, blackmail and impose exactions on, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law. Human behavior by Trojan program or remote control way to steal game player account number, password, use of loopholes in the system, in the Trojan horse or remote control tools for hacking activities, directly to spy into other people in Internet cafes and other public Internet sites game account, password, use the external spreading Trojans to steal each other, the game account, password and illegal use fraud; sales network game equipment and other means, object on criminal law protection of harm constitutes a crime, such as the real property or property interests of the injured, should be punished. In the practice of [13] to steal account numbers game, virtual equipment and virtual currency is generally according to the conviction and punishment of larceny, fraud, blackmail and impose exactions on behavior for these objects of the corresponding punishment behavior conviction.

In the chapter of crimes of property violation, deliberately made in the network belongs to others (including legal persons) of digital information, violated the property rights of others behavior, consistent with the crime of intentional destruction of property patterns of behavior. But such cases are rare, because of China's "criminal law", the concurrence of the crime information system behavior and Failure Behaviour of the computer, and the special rules is better than general provisions, such behavior is usually determined to destroy blame of computer information system.

The violation of civil rights, democratic rights of crime. In this chapter, involving violations of digital property behavior is a violation of freedom of communication behavior. There are many means of communication in the network today, the most common is the email and instant communication software. Network digital property itself is violated, it may hinder the individual citizens in communication freedom and communication secret rights, China has had such precedent. Traditionally the violation of freedom of communication refers to the crime of destroying, or illegally open other people's letters, if the case is serious behavior, from 1979 "criminal law" to the 1997 "criminal law" there are provisions. The object of the crime is generally refers to the citizens of letters, the letters and postcards, does not contain the parcel and remittance advice, not including the correspondence between letters in enterprises and institutions, organs, groups. In the development of the Internet boom today, personal communication behavior in the use of paper letters gradually reduced, replace sb. is a lot of e-mail. According to the provisions of article 252nd of the criminal law of the crime of violation of freedom of communication, the spirit is to protect the rights of citizens freedom and privacy of correspondence, not to protect the concrete form of communication, so it is not limited to communication form letters like this, protecting email communication freedom and communication secret is the proper meaning of this article.

Based on the above analysis, the use of network tools or software hackers hidden, destroy or invade other e-mail and instant messaging program behavior, if the circumstances are serious, be punished in accordance with the conviction of violation of freedom of communication. However, if the perpetrator stealing other people email or instant messaging program account, then use or sale, the author thinks that it should belong to the act of theft, when the damage amount reaches the statutory requirements, shall be convicted and punished as theft. Domestic had case, court to steal QQ selling behavior in accordance with the violation of freedom of communication the crime, and the reason is, QQ does not belong to the article ninety-second of the criminal law stipulated in the "other property", it was not the crime of theft. [14] according to the author, QQ, has the use value and exchange value, which called for 5 to 6 of the "good" is more expensive, so it belongs to the criminal law to protect the property. Therefore, when the perpetrator stealing email or messaging account and to sell, formed the concurrence of theft and violation of freedom of communication behavior, according to the "criminal law" provisions in the second paragraph 253rd, shall be convicted and punished according to the crime of theft.

The hindrance social management order crime. In this chapter, "criminal law" stipulated the four on charges of computer crime: illegal invasion of computer information system (first, 285th); illegal access to computer information system data, illegal control of blame of computer information system (section second; [15] 285th) and invasion, illegal control of computer information systems program crime, tool (section third and 285th); the crime of destroying computer information system (286th). The four crimes is an important means of criminal law protection of network digital assets, but attention is required, this protection is not property rights itself, but related to the computer information system in the management of social order in the security, that is to say, the four crimes are criminal law protection of computer information security.

Illegal invasion of computer information system, means in violation of state regulations, invades the computer information system in national affairs, national defense construction, advanced science and technology in the fields of behavior. Illegal access to computer information system data, illegal control of computer information system is a kind of crime in violation of state regulations, invading the computer information system of state affairs, national defense construction, advanced science and technology in the fields or by other means, access to data storage, processing or transmission system in the computer information system, or the implementation of illegal behavior of the control the computer information system. Provide invasion, illegal control of computer information systems program, tool refers to the crime provides special for invasion, illegal control of computer information systems program, tools, or knowingly committing crimes invasion, illegal control of computer information systems and procedures, provide the tools, behavior of a serious nature. The crime of destroying computer information system is in violation of state regulations, damage the function of computer information system or computer information system in storage, processing or transmission of data and applications, or intentionally making, dissemination of computer viruses and other destructive procedures, calculation of the influence of the normal operation of machine system, if the consequences are serious behavior.

Here, the author is to explain, the four crimes is an important means of protecting digital information network of China's "criminal law" at present, but the object is not limited to the digital property. The reason is that, a considerable part of the computer information system, and the data does not have property in the sense of criminal law, the protection range is larger than the digital property. The four crimes in the aspects of digital property protection, defensive protection, mainly for those attacks network property safety system behavior. When the safety system is itself as a property type appear, attack it may violate "criminal law" the 285th paragraph second and 286th stipulation charge; when the safety system as the property of casing and exists, attack it may offend the "criminal law" 285th article first paragraph and third paragraph charges when directly; attacks on the security system is not enough to constitute a crime, other data but attacks on the security system maintenance to constitute a crime, it may violate the provisions of article 286th of the criminal law.

(two) the main existing problems

There exist some shortcomings in protection in China "criminal law" on the network digital property. Since the 1997 "criminal law" promulgated, the development of the Internet has far exceeded the speed of updating law. The criminal legislation of minority charge added by amendment form, but still can not meet the needs of. The following main problems existing in the criminal law protection of network digital property:

First, in the aspect of legislation, the lack of consensus clear about network digital property. As mentioned above, the current criminal law of our country academic understanding of network information are not uniform, even the so-called "virtual property", such as no network game account, virtual goods, currency, form a unified understanding, as for email account and the instant communication software account is rarely addressed. No mature understanding of legislative activities, nature also is very difficult to form the legal norms. In addition, because the Internet technology development speed is very breathtaking, China netizen number is growing exponentially, legislation is difficult to follow. So far, scholars qualitative information on the Internet is still under discussion, what information can be defined as the property, in the definition of property, should belong to which department for protection under the law frame.

Of course, is a special here in the criminal law, mainly reflected in two aspects, one is whether the network property belong to which department law, but in the end can be protected by criminal law, such as civil law or intellectual property law may provide protection for the network property, but when the infringement to the legal level, you can the criminal law of the crime and the crime of infringement of intellectual property rights or other crimes to be regulated; two is to belong to a department law protection of network property, in the criminal law may be completely as another kind of rights protection, such as violations of civil law in the property, in the criminal law of course can also be in accordance with the property violation behavior the conviction and punishment, but also may lead to violations of other rights of the crime, because the property rights sometimes load does not necessarily limited to property right itself. Three if the network property is legislative provisions of criminal law in people, it violated the property punishment measures should also be the law in every department of the most severe.

Because the legal attribute of network information has not been clearly defined in legislation, so each department law, including criminal law for network digital property problems to solve or through the interpretation, and also appeared in various viewpoints listed above, the interpretation is different, cause is not unified in judicial application.

Second, in the administration of justice, criminal law lacks enough charge to adjust all kinds of practice in the digital property infringement behavior in cyberspace. At present, the provisions to protect the network digital property in criminal law of our country is mainly exists in the hindrance social management order crime in chapter 285th and 286th, these two articles altogether 4 charges is China's "criminal law" provisions in law of computer crime. The 287th is guided by computer crime provisions, using computer for financial fraud, theft, corruption, embezzlement, theft of state secrets or other crimes, be convicted and punished in accordance with the relevant provisions of this law. That is to say, using the computer to implement Article 285th and article 286th (with the exception of the concurrence of provisions of the act, in order to) fraud, theft, corruption, embezzlement, theft of secrets, to commit to punish convicted.

Convey the legislative provisions that give us a message, that is computer crime number because the objects of the violations of the traditional legal framework of the existing legal interest, so the computer crimes can be included in the traditional legal framework should be adjusted. So we can see that a computer network crime crime ladder: providing tools for illegal invasion, in accordance with the provisions of article 286th; illegal intrusion into computer information system, is in conformity with the provisions of article 285th; if the invasion after the failure to comply with the provisions of article 286th, then the invasion; if the other fraud, theft behavior is in accordance with the provisions of article 287th treatment. For example, to steal bank account using the computer network, and there is no essential difference between the traditional larceny, the implementation of the behavior of the use of computer network technology, although the novel means, but in the "criminal law" did not break the "secret theft of property" of the evaluation, it cannot become a new type of another criminal behavior. With the advent of computer network and other new things, the new law also appeared, so as the 285th and 286th of criminal charges also made corresponding supplement.

Can be found through the analysis, the charges are listed in section 287th is aimed at the existing criminal object, that is to say, the use of new technology means violating traditional criminal object (or law), according to the existing criminal law can solve. But when the object of the crime novel, especially on the legal attribute of the object of controversy, not explicitly be classed as a kind of traditional object category, such as instant communication software of the terminal using the account or e-mail account, there will be the use of the existing laws and regulations to adjust to the situation. Even if a court judgment can be applied by interpretation, but there are contrary to the legal principle of crime and punishment too.

The author believes that, in the computer network technology has social harmfulness behavior, has been removed in the traditional legal framework in the outside, in the absence of criminal legislation is not clearly defined, conviction and punishment, which is the basic requirements of the principle of legality. Thus, part of the network digital property are discussed in this paper will be difficult to protect. Not only that, the new type of equity will continue to produce, the protection will also face the challenge. To make a long story short, the protection of criminal law about network digital property is of concern to the common problems in the legislation and in the judicial field, both closely, inseparable.

The perfect four, China's network of digital property criminal protection

(a) the perfect network digital property legislation

According to the requirements of the principle of legality, types of behavior refinement infringement of network digital assets, avoid the enlargement of the interpretation of criminal law. The principle of legality is a basic requirement of modern society ruled by law. According to the above legislative and judicial shortcomings, criminal law protection of network property should be through the improvement of criminal legislation, judicial interpretation to achieve rational use. But must pay attention, interpretation of the law can not break through the statutory crime the traditional type, is a violation of the network digital property must be evaluated for types of act in criminal law. The so-called "can", refers to the interpretation of criminal law principle, it should be evaluated for their criminal acts to adjust. For can not be incorporated into the types of traditional legal frame, main legislation should be adopted to refine the infringement of network property types, the addition of the new charges, to be convicted and punished.

(two) the scientific assessment of the value of the property of digital networks

According to China's "criminal law" the starting point of punishment standard, evaluation system structure of mature, scientific assessment of the value of the property of digital networks. China's "criminal law" in the crime both qualitative requirements are required, the requirement is to achieve a certain punishment, a behavior to achieve the starting point of punishment can involve the conviction and sentencing issues. The amount of value, involving property often in network digital property issues, therefore need to accurately assess the value of the network property.

So far, about network digital property value and there is no uniform standard of reference. In the field of network games, it has already formed some relatively stable trading platform for trading, game equipment or game currency, but also the formation of a certain general game player sanctioned price system, market behavior of this kind of digital property has begun to take shape. Other kinds of digital assets, such as QQ or mailbox has not formed a relatively stable market. In general, because this kind of property circulation scale far no life activities in real life the transfer scale and maturity, although the price is the emergence of the so-called "market" factor, but is not standardized, largely pricing with random. From the law point of view, this randomness does not affect the validity of the transaction, but from the perspective of public law as criminal law point of view, the outcome would have been different. Standards for the protection of criminal law is the social vulnerable groups, in other words, is the weaker members of society as a starting point. Specific to the network property price assessment, should be consistent with the general level of society, economics can refer to produce goods of the social necessary labor time, to determine the general assessment standards to protect the most people. For instant messaging accounts should also be in the general network user account cost, the general use value measure. These reference factors do not determine the network property prices in the market according to the criminal law, but as the factors in evaluation of the amount of.

(three) the establishment of protection mechanisms of the network digital property

In order to improve the criminal law protection of network digital property laws of other departments as the backing, and gradually formed a system of norms echelon distribution, do the French tight. The protection of network digital property is not just rely on criminal law can be effective, as mentioned earlier, the criminal law as a backup method, is the last defence against illegal, which means that in the criminal law also should be before and other legal norms in protect digital property performance.

From a macro point of view, can be divided into three parts: allocation of judicial resources. The first is the field of civil law, a clear legal status of the network property, from the protection of private property or personal right angle point of the protection of property rights of citizens or personal rights, to prevent violations; second, in the field of administrative law, perfect the Internet management laws and regulations, and the purpose of industry self-regulation, including the protection of the network game operator from inside the game and disciplinary measures, [16] involving serious violations but has not reached the standard of criminal sanctions, by the public security management punishment law to regulate the criminal law; third, the measures is discussed in this article to be protected.

From the micro point of view, the echelon distribution is the "criminal law" internal protection measures. The first is the "criminal law" article 285th and article 286th, the computer information system of crime; second, is the use of traditional crime of computer network system, mainly is the "criminal law" the 287th listed various behavior; third, the use of new crime of computer network system, mainly refers to the new law or the object of crime behavior.

Network crime with the development of Internet technology is rapidly entering the era, on the one hand the emergence of a new crime means, on the other hand, the object of crime of new. In the view of network crime, the former is like old wine in a new bottle, the latter is like new wine in new bottles. As the study of criminology, both are key, but for the study of criminal law, the latter is the focus of the study. The author thinks, network digital property as a new criminal law property types should be recognized, and through legislation the tort types, respectively, in both criminal crime and new structure, and improve the legal system about the legal protection mechanism, and gradually formed the legal model of three-dimensional stepped legal relationship adjustment digital property.