Authors' information:

Bingwan Xiong: Professor and Doctoral Supervisor, Faculty of Law, Renmin University of China

Yi Shen: Master in law, Faculty of Law, Renmin University of China

Ziyi Chen: Master in law, Faculty of Law, Renmin University of China

Note: This paper is a preliminary result of the 2023 Major Judicial Research Project by the Supreme People's Court, titled “Legal Nature and Judicial Protection Paths of Virtual Property”.

Abstract

In legal theory and judicial practice, a relatively common view suggests that, considering the non-property nature of virtual property and other factors, it is inappropriate to classify such crimes under offenses against property. This perspective argues that the primary legal interest infringed upon by such actions relates to public order, and these offenses should be treated as crimes of disrupting public order.

Recent civil law theories generally view the legal attributes of virtual property rights as a matter of interpretative choice, asserting that both the "property rights theory" and the "creditor's rights theory" can provide effective statutory and theoretical frameworks for protecting such rights. Courts have also tended to define virtual property rights as creditors' proprietary rights held by network users.

This paper argues that, since virtual property rights are typically based on continuous contractual relationships, interpreting them as creditors' proprietary rights does not preclude categorizing many crimes involving virtual property under theft and other offenses against property. Similar to tangible property, virtual property also has socio-economic significance, satisfying basic needs, promoting personal development, and fostering human flourishing. Incorporating virtual property into the unified framework of property offenses can enhance the coherence and explanatory power of civil and criminal rules.

Judicial policies may consider distinguishing crimes that infringe on others' virtual property rights using data as a tool from those that disrupt public order in the virtual world. Crimes involving infringement of virtual property may be classified under offenses such as theft, fraud, and embezzlement based on behavioral patterns, thereby avoiding the "catch-all" issue that could arise from treating them as public order offenses.

Keywords: Virtual Property; Creditor's Proprietary Rights; Offenses against Property; Illegal Acquisition of Computer Information System Data.