试析抢劫虚拟财产行为的定性——由两青少年抢劫虚拟财物案件而引发的思考

针对虚拟财产进行犯罪的行为越来越多,从而给立法和司法带来了诸多问题,学术界观点不一,在认识上也往往有很大误差。针对虚拟财产进行抢劫的行为,由于存在着虚拟抢劫犯罪行为和现实抢劫犯罪行为,因而二者的定性也应有所不同。因为二者在犯罪客体、行为客观方面、社会危害性等方面都有很大的差异,针对于此,就应该采取不同的刑罚措施,

On Determining the Nature of Virtual Property Robbery

Crimes involving virtual property are on rapid increase in recent years,posing a big problem for both the legislative and judicial bodies.What should be noticed is that such crimes may not always take place in the cyber space,they may quite as often take place in our real life.The robbery of virtual property,for example,can be both virtual robbery of virtual property,and actual robbery of virtual property as is to be illustrated in the case quoted below.Although they are in common in having some virtual property as its object,they are quite different in other aspects of crime and the harm they do to the society is different.Only by making a clear distinction between these two types of robbery,correctly determining the nature of it and properly measuring the penalty can we expect to effectively curb this kind of crime.