Criminal characterization and property disposal of infringement of virtual currency from the perspective of digital security
Regarding the criminal characterization of acts that infringe virtual currency in practice,the judgment results in trial practice are inconsistent.Although criminal law theory has successively proposed three different so-lutions,namely"computer crime theory","property crime theory"and"order distinction theory",there are cer-tain doubts in all of them.To solve the problem of characterization of acts that infringe virtual currency,we should fully examine China's pre-regulatory documents on virtual currency and consider the establishment of its digital security protection vision.Pre-regulatory laws that regulate virtual currency should define it as contraband and exclude it from the protection objects of ordinary virtual property in criminal law.To solve the above prob-lems,we should independently construct a criminal law regulation plan and characterize it by referring to the property crime path of infringing contraband;when it is difficult to ascertain the value of the currency,the convic-tion and sentencing can be based on the circumstances.At the same time,according to the principle of unity of le-gal order,the property involved in the case should be confiscated by the state,but not be returned to the victim.
infringement of virtual currencydigital securitycriminal characterizationproperty disposal
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