On the Legal Protection of Network Virtual Property and the Protection of Civil Law
|School||Southwest University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Virtual property Law Protection|
With the rapid development of information technology in recent years, Socio-economic structure has also undergone significant changes. Into a new virtual social space is becoming increasingly large population, they work, live and play in this virtual space. As a new economic growth point, online game industry also showed its great value. In the virtual world of online games, virtual property of this particular product has necessarily emerged, This is very significant for players and game operators in terms of meaning. Virtual property transactions have become increasingly frequent in the online world, from the game’s ID to have a price tag game equipment, there are even human, "leveling" of the occupation there. Online game industry creates a huge market value,at the same time, series of virtual property disputes have emerged. In recent years, Virtual property involved in endless disputes, Even successful geometric growth trend. However, the definition of virtual property, property, dispute resolution channels and ways to protect virtual property, and many other issues, many scholars think that it’s a considerable controversy. Therefore, to enhance the protection of virtual property, build a sound system of legal protection is urgent and pressing.In this article, The author of the network explores the lated virtual property, put forward some suggestions about legal protection of virtual property. This paper is divided into five parts. The first part of the definition of virtual property, Background and History, This section describes the network of this study the concept of virtual property areas, Virtual property and the background and development status. The second part discusses the legal property of virtual property, This section introduces the theory of virtual property sector, there are different points of view of legal property, there are four viewpoints:real rights, Creditor’s rights, intellectual property rights, intangible property rights. By analyze, The author of the network positioned the network as a new type of virtual property rights, property. The third part discusses the need to protect virtual property and the feasibility. The necessity from the protection of network virtual property is real property need further protection, protection of burgeoning industry, IT industry health development needs to prove in three aspects, the current law of our country lacks to the network virtual property infringement provisions, but the reality of virtual property in the network game player behavior there are many, the con highlighted by means of legal protection of virtual property in necessity. Feasibility of mainly from the good legal system environment, the traditional lay foundation of property right theory to lay the theoretical foundation, the progress of network technology to lay economic foundation and so on three aspects to demonstrate, illustrate the network virtual property legal regulation is feasible. Part IV discusses the virtual property legal protection of civil status. First elaborated on China’s legal protection of virtual property, civil status and legal status of legislation, Then analysis of China’s civil protection network virtual property several issues to be addressed. Specific legal relationship with the network of virtual property, operators and players of the rights and obligations as well as the ownership of virtual property, etc. Finally, the United States, Korea, Taiwan and some other countries, regional networks of civil law to protect virtual property, a comparative analysis of the situation, we can find some of the basis to protect our civil law. The fifth part is the purpose of this article. I proposed a comprehensive network of virtual property laws to protect our recommendations, Respectively, from well-functioning civil substantive law, civil procedure and other aspects of self-protection. Virtual network to achieve full and effective protection of property.