Abstract:Regarding the essential attributes of virtual property, the disagreements between theoretical and practical circles mainly lie in the attributes of the “thing” or “data” of the virtual property; for the determination of the crime of stealing virtual property, the main difference is whether it is the crime of theft or the crime of illegally obtaining computer information system data. Virtual property is code data generated by operators in the binary 01 string, which exists in the form of electromagnetic records. Its essence is not property. The direct protection of virtual property by property crime will cause many conflicts between theory and practice. Virtual property has data attributes, and the data-based protection path can make it more comprehensive in the protection of legal interests, make the criminal objects more consistent, and conform to the principle of crime, responsibility and punishment. Therefore, indirect protection of virtual property by protecting computer data is an effective way to solve the problem of virtual property being stolen. Those who illegally obtain such virtual property should be punished as the crime of illegally obtaining computer information system data.