Dissertation > Political, legal > Legal > Chinese law > China and France > Property Rights

On the properties of virtual property and legal protection

Author QiWenJiong
Tutor HeLi
School Fudan University
Course Legal
Keywords Virtual property Legal nature Legislation to protect Judicial Protection
CLC D923.2
Type Master's thesis
Year 2010
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In recent years, with the rapid development of online game industry on online game virtual property disputes, more and let us feel the virtual property is no longer merely a \, we are able to produce the corresponding real-life impact, can become the object of a property right. But now in our country due to the lack of recognition of its legal sense and the associated adjustment system, this property in China is still not given due legal recognition and protection. Legal protection of rights directly, and thus accurately define and clarify its virtual property resulting virtual property has a very important social significance. This first chapter reviews the evolution of virtual property, and then put forward the concept of virtual property, defined virtual property virtual, technical restrictive, legality, value, duration and scarcity six characteristics. Chapter II combined with the existing laws concerning the nature of virtual property several mainstream theories, analytical results more in line with virtual property \Developed countries and regions in the world have passed laws and regulations to protect virtual property case, our legislation in this area is still in the blank stage, so the article Chapter III analyzes the necessity of taking legal for its protection. At the same time from the theory, the cost of protection, social environmental aspects of virtual property protection to prove feasible. Articles fourth chapter presents our legislation designed to protect virtual property, from civil law, the Basic Network, Criminal elaborate three directions. The first priority is the introduction of judicial interpretation and use of certain existing laws. Because virtual property and traditional property has different characteristics, their conservation in the judicial practice facing some problems, such as the subject of proceedings confirmed evidence, confirmed the value of virtual property, etc., the author in the last part of Chapter IV of these three puzzles raised a preliminary solution orientation. Virtual property exists in isolation and reality with cyberspace, can use existing metrics measure the value of the new property, to strengthen its protection of both the composition of the protection of private property, but also the online gaming industry healthy development.

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