The Study On Legal Problem Of Internet Virtual Property

It is a long history in our academia that the research on the legal issues of internet virtual property and the research scope covers the legal nature of it,property rights protections,and inheritance of internet virtual property.Unfortunately,there has been no consensus on the legal nature of internet virtual property.Various academic views compete with each other but only stays in the step of theory,which most of arguments lack of empirical analysis of the legal nature of internet virtual property and judicial authentication of theories applied to actual cases.Article 127 of the General Principles of Civil Law of our country makes regulations for the internet virtual property,but the law does not provide guidance to the judges in the court.Internet virtual property,as the new thing brought by Internet technology,its legal connotation and denotation is uncertain.So the study of the theme must follow the rules of “categorized thinking patterns” and “ scene consciousness” to explore legal nature of various types of internet virtual property in different scenarios.At the same time,the research on internet virtual property legal issues should sets up “the problematic consciousness” to fully excavates the contradiction focuses of internet virtual property in judicial practices.This paper is the legal dispute resolved oriented and stipulate the rights and duties in the relationship between the related subjects through the appropriate mode of law.This paper follows the above basic writing Ideas and is divided into six chapters.The first chapter teases the basic problems of internet virtual property.The first section introduces the concept,types and characteristics of internet virtual property and especially introduces the main academic definitions and the basic views of internet virtual property,which helps to understand the basic study scopes and controversy focuses of internet virtual property;The second section mainly introduces the relations and distinctions between the internet virtual property and intangible property,especially the difference between the virtual property and intellectual products,which lays the foundation for the following analyzing the theory that the legal nature of virtual property is “intellectual property rights”;The third section introduces the foreign-countries' research status of internet virtual to clarify the current research focus and defects of our countries' research on internet virtual property.At the same time,this section also introduces the latest trend and the focus of the foreign-countries' research on the internet virtual property.The second chapter studies virtual property in internet games.The first sectionintroduces the technique construction of virtual property in internet games.On the basis of understanding of basic operation mechanism of internet game,according to the different functions of internet game virtual property,it is divided into the types of currency game virtual property,items game virtual property and game accounts.The second section introduces the current research status of virtual property from online game.In the area of civil law,this paper mainly introduces the main points about legal nature of virtual property from theories: “ the creditor rights theory”“the property right theory” “the intellectual property rights theory”“ the new property right theory”.The second section also introduces main controversies between various academic views and the main problems existing in the current researches.In the area of criminal law,the author mainly introduces the criminal law scholars' judgment about the legal nature of the online game virtual property.The third section investigates the legal nature of virtual property from the view of reality and mainly introduces the regulations about virtual property in the network game service contracts.and the main disputes types of game virtual property in judicial practices.The fourth section analyzes the legal nature of virtual property in games.The legal nature of currency game virtual property belongs to intangible chattels;The legal nature of the items games virtual property belongs to creditor's certificate.The legal nature of game accounts belongs to personal information.The fifth section is about legal protection on different types of games:the creditor's rights protection pattern for items game virtual property,property right protection pattern for currency game virtual property,and public law means protection for the game accounts.The third chapter studies virtual property from social networking platforms.First section targets at analyzing of the main social networking platforms from home and abroad,enumerates the main types of internet virtual property from social networking platform: the network accounts,electronic photos,videos,emails,virtual items electronic currency;The second section analyzes the legal nature of virtual property in social networking platform.And it defines network account as personal information,which is based on the functions and natures of virtual property in social networking platform.The legal nature of electronic photos,videos E-mails belong to the intangible chattels with personality factors.The legal nature of virtual items is intangible chattels;Electronic currency,as the digital forms of legal tender,its legal nature belongs to intangible chattels.The third section introduces the main protection--problems of the virtual property in social network platforms,which bases onvirtual property from social networking platform that exists the special scenario and the provisions of the network services agreement.Virtual property in the reality is facing the problems of ownership disputes,inheritance disputes and privacy risks;The fourth section responds to the legal protection of virtual property on social platforms,and provides protection for virtual property on social platforms from both public and private law.The fifth section analyzes the inheritance of virtual property on the social network platform by studying the American's legislative achievements of Uniform Fiduciary Access to Digital Assets Act.The fourth chapter studies online stores.The first section introduce the online registration patterns of C2 C and B2 C model.And it teases the current legislation and network service agreements about the online stores.The second section analyzes the legal problems that online stores are facing.One of the most important legal problems that the online stores are currently faced with is its owned by who,and whether it can be transferred.so the online stores' ownership and transfer rise many disputes because network service agreements ban online stores generally transferring and the current legislation gives no opinion.The third section analyzes the shop's essence connotation which is business asset based on customer resources,business reputation,operating mode,business secrets.At the same time,it also analyzes the concept and legal nature of business assets.Finally,based on the above analysis of the essence and legal nature of the online store,the fourth section regulates the legal relationships in the processing of transferring online shops by the following four aspects: the rights and obligations of the provider who provide online trading platforms;the processing of creditor's debt on the online shop;the rights and obligations of between assignor and the assignee;consumer protections.The fifth chapter is about the design of the judgment standard of network virtual property and the concrete content of network virtual property.The first section is the summary of the criterion to network virtual property,and through analyzing the essence of the property in the civil law constitute to,will eventually be virtual,creative,practical,value as the judgment standard of network virtual property,and using the standard is generally accepted that the current type of network virtual property shall be identified,thus confirm the conclusion from the above;The second section is a study on the legislative protection of network virtual property.The network virtual property owner has the right to exercise access,use right,management right and disposal right to the virtual property legally obtained by him;The third section is the judicial protection of network virtual property.It takes common network virtualproperty disputes as objects and provides infringement,contract and inheritance protection for network virtual property.