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kcc inc jewelry wholesaler Article 92 of my country's Criminal Law stipulates that all the private property of the citizens referred to in this law refers to the following property: (1) the legal income, savings, houses and other living materials of citizens; All means of production; (3) the legal property of individual households and private enterprises; (4) to all individuals, stocks, bonds and other property according to law.
The view of illegal obtaining the data of computer information systems. It is believed that Bitcoin, as a virtual property, does not belong to other property stipulated in Article 92 of the Criminal Law, and is not a "property" for the protection of theft. In my opinion, this explanation conclusion does not notice the value attributes of virtual property and cannot be based on the development of the information network era.
First, although Article 92 of the Criminal Law stipulates the crime of property, it does not specify the existence of property and its type, and it does not specify the tangibleness and intangible property. On the contrary, the provisions of "other property" reserved the interpretation space for the invisible property such as Bitcoin.
Secondly, Article 265 of the Criminal Law stipulates that for the purpose of profit, the stolen other people's communication lines, copying the telecommunications code number of others, or the telecommunications equipment and facilities that know the stolen or copy, and the crime of theft Conflict and punishment. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation of Several Issues on the Application of Criminal Criminal Cases" clearly clearly clearly uses property, gas, tap water and other property as the object of theft. In this case, the protection of the crime of theft is not limited to the body, which can tolerate intangible objects and even property interests.
Third, although virtual property is attached to the network space, it has certain conversion methods and trading rules with reality property. Therefore, formal virtual does not mean the virtual value of value. Instead, it represents the real property of the right holder. In addition, the protection of the crime of theft is the ownership of the property or the fact that the property is in fact. Since the carrier of Bitcoin is data, the right holder can control, possess, and punishment according to a certain operation method.
Fourth, interpret Bitcoin as property, not an explanation. The difference between the interpretation and expansion of the class is whether it surpasses the scope of the possible text. As the data becomes more and more important, virtual property is widely known, and is placed in the legal system as a new type of property. Bitcoin, as a typical representative of virtual property, is used as a token, and is far from comparable to game virtual currencies. Even if Bitcoin is interpreted as a property, there is no possibility of predicting the "property" of ordinary people.
Bitcoin, as a virtual property, is in line with the "property" elements in criminal law and has property. Therefore, in the case of stealing Bitcoin, it is more reasonable to regulate the crime of theft.