A Study of Criminal Code of the R.O.C on the Chapter 36：Offenses Against the Computer Security—The Case of Obtaining Virtual Treasures of Online Game

• Main Authors: CHEN, HSIEN-WEI, 陳憲緯
• Other Authors: GAN, TIAN-GUEY
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/57501456322382953032

碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === 　　At first, the paper introduces the definition of computer crime in theories, finishing the opinion of our theory and amending the law, and introduces the computer crime in US, Germany and Japan. The theft of virtual treasure process, were "Gaining username and password", "Entering account password anf logging", and "Obtaining virtual treasure". The primary task is clarifing the character of the virtual treasure in the criminal law, from the part of "Economic Value" and "Electromagnetic Record". 　　Second, the computer crime have become increasingly sophisticated with the technological advances, especially the topic stealing the virtual money in the onlinegame "lineage" in 2002 aroused public attention, committed what kind of the crime is inconclusive between the judicial practice and academic research. Therefore, analysising judical practice how to committed before and after amending the law before amending the law in Chapter 36 at three processes of the theft of virtual treasures, by this observation we can figure out the drawback of the computer crime legislation and policy. 　　Furthermore, the Chapter 36 although solve a lot of controversy, but confining to the describe of the law there are still inadequate in some circumstances.The legal interests of the Chapter 36 should be discuss. In Article 358 of the Criminal Code, we should figure out the definition of "intrude" and how defined the accomplished offence. In Article 359 of the Criminal Code, the "acquisition, delete or change " and " resulting in damage", there could be improve. In Article 360 of Criminal Code, which means the "disruptive action", and "the temporary loss of function" in academic opinion, and the protection is enough or not is still a question. 　　Finally, there are the article concludes and recommendations for the reserch of each chapter, and try to come up with some opinion to solve the problem should to be resolved. Also try to make the proposal of amending the law by observing the article of computer crime in US, Germany and Japan.