Criminal Law Characterization of Stealing Virtual Currency from the Perspective of Functionalism
Regarding the characterization of the criminal law of stealing virtual currency,there are two main propositions in the academic community:"data crime theory"and"property crime theory".The focus of the two proposi-tions is whether virtual currency is property under the criminal law,and the commentators specifically discuss the le-gality and value of virtual currency.Under the functionalist view of criminal law interpretation and the perspective of the criminal law system of purposive rationality,the recognition of the property attributes of virtual currency does not need to be excessively entangled in the issues of legality and value,but should be analyzed under the consideration of purposefulness to analyze whether virtual currency has the necessity of property protection.Although there is no physi-cal entity of virtual currency,the right holder can control it through the private key.Virtual currency can be the object of possession,and the act of stealing virtual currency should be punished as the crime of theft.
virtual currencyburglaryfunctionalist view of criminal law interpretationdefacto possessionnor-mative possession
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