Property Virtual Objects within the Scope of Regulation of Property Crimes

Authors: Na J* and Xiang L

DOI: 10.23880/ijfsc-16000435

Volume 10, Issue 1

Abstract

In online games, the legal attributes of virtual objects such as equipment, skins, pets, etc., have always been a controversial focus in judicial practice. Regarding the fundamental attributes of these virtual objects, there are two different paths of identification: "property" and "data", leading to disagreements between property crimes and data crimes such as illegally obtaining computer information system data. On the one hand, the traditional concept of property focuses on physical property, making it difficult for virtual objects to fall within the narrow scope of property in criminal law. On the other hand, some scholars and judicial practices believe that although virtual objects in online games do not have a physical existence in the traditional sense, they possess certain market value and disposability, and their status as virtual property should be acknowledged. Based on this, this paper argues that although online game virtual objects cannot fully conform to the definition of traditional "property", they have usage interests for players. The economic value and transactional attributes they display are consistent with the characteristics of property interests. By incorporating property interests, virtual objects on the internet can receive appropriate protection under the framework of criminal law. This expanded interpretation can effectively regulate and combat criminal acts involving virtual objects on the internet.

Keywords: Property Crime; Property Interests; Game Virtual Object

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