论网络游戏中虚拟财产的刑法保护

从刑法解释论的角度讲 ,网络游戏玩家账号中的虚拟装备等网络资源属于刑法财产犯罪保护的对象 ;比较目前司法实践对这一命题的否定看法可以看出 ,我国刑事司法在遵循罪刑法定原则的前提下 ,应当进一步协调刑法确定性与适应性之间的矛盾。此外 ,在成文刑法面临新的社会需求而需要积极解释适用时 ,与刑事立法一样 ,司法适用者应当考虑刑法的谦抑性原则。

On Criminal Protection for Unreal Property in Net-games

Looking from the viewpoint on the explanation of criminal law, the net resource including unreal equipment in the account of net-game players should be a part of objects protected by the rule of property crime in criminal law. A conclusion can be drawn through comparing the different opinions about this topic, and our judicial practice must further relieve the conflicts between the certainty and flexibility of the criminal law by basing on complying with legally prescribed punishment for a specified crime. In addition, when criminal law meets some new social needs and should positively give explanation to its application, the same as criminal legislation, the judicial applicators should think over the principle of “being modest”.