关键词: 虚拟财产, 竞合关系, 司法解释, 指导性案例

Abstract: Despite stipulations about virtual property in Civil Code, there are still disputes about the legal attribute of virtual property in theory. In essence, the civil law provisions of virtual property only have declarative significance. In other words, the problem of legal attributes of virtual property has not been fundamentally solved by the legislative subject who still needs to make specific identification according to practical needs. From the perspective of criminal law, how to understand virtual property, especially the relationship between electronic data and virtual property, is undoubtedly of great significance in judicial application. After the stipulation of the crime of illegally obtaining computer system information and data in the Seventh Amendment to the Criminal Law, the characterization of illegally obtaining virtual property has aroused controversy in the theoretical circle. As far as virtual property is concerned, it needs to be differentiated according to its content, so as to provide reasonable judgment for the judicial subject to accurately understand its attributes. At present, it is also necessary for the Supreme People’s Court and the Supreme People’s Procuratorate to issue judicial interpretations or guiding cases to explain the judicial significance of virtual property, so as to provide guidance and reference for the characterization of illegal acquisition of virtual property.

Key words: virtual property, competition and cooperation relationship, judicial interpretation, guiding case