Research on the Criminalization of Illegal Acquisition Behavior of Blockchain Virtual Property under the Binary System of Property and Debt
Under the premise of the unification of civil and criminal law order,the property of the criminal law property crime object corresponds to the civil law property right object in terms of definition,which is based on direct domination.With the characteristics of unique existence,exclusive rights and independent disposition,virtual property constructed by blockchain technology should be defined as property in criminal law.In the face of the overlapping of legal interests of data objects,we should adhere to the principle of legal interest hierarchy in which individual legal interests take precedence,and give priority to the latter between data crimes and property crimes to regulate the disposal path of data crimes.The illegal acquisition behavior of blockchain virtual property actually refers to changing the possession state of property in the form of digital change.This kind of"transfer possession"behavior in the digital world meets the stereotype requirements of theft and should be convicted of theft.
万方数据
维普
