The Virtual Property's Legal Protection

Along with the rapid development of network and network games, the dispute about virtual property occurred unceasingly in recent years. The virtue property problem gradually aroused society's widespread attention. At the same time, the problem of virtue property's legal verification and protection elevated temperature gradually in the legal science. More and more scholars begin to identify that the internet virtual property has its inherent value.This literature focused on internet virtual property. On the base of other scholars' theory achievements, we talk about virtual property in four parts, the concept, legal attribute legal protection and other problems.Chapter I Introduction to virtual property.As the foundation of the whole passage, this part defines the concept and characteristic of virtual property. Begin with the concept of virtual property; we conclude the two opinions in current academic world, namely, the narrow and general concept of virtual property. We just analyze the narrow virtual property in this work. By comparing the attribute of network virtual property and the traditional property in civil law, we can see that they share many common features. However, because of the special virtual environment of network virtual property, it also owns many different characteristics.Chapter 2 the legal attribute of network virtual property.This chapter divides into two parts. First, we analysis the legal attribute of virtual property in the view of Property Law, Obligation Law and Intellectual Property Law. Only by confirming the attribute of virtual property can we make concrete protect measures in substantive law and adjective law. Secondly, learning from the above analysis, in the current status of law, it is not perfect to include virtual property into Property Law, Obligation Law or Intellectual Property Law. So we can classify it into a new property style. We should pay more attention to the multi-attribute of virtual property and achieve a variety of complementary rights to integrate the virtual property to our legal system smoothly. Chapter 3 the analysis of the current situation of the virtual property's legal protection. In this chapter, the kinds of the virtual property disputers were listed at the first. All in all,it can be divided into the contract disputes, the tort disputes and the disputes causing about operator dissolving and bankrupt. Secondly, some laws and practice of the virtual property protection in other countries and districts were introduced and compared with ours. From the above, pointed out that there is also no clear legal provisions out virtual property protection. At the end, some current situations about virtual property's legal protection. in our country were introduced and analyzed from legislation and justice. aspects From the above, some disadvantages were found out to give a theory clue to better our legal system.Chapter 4 Build the legal protection system for network virtual property. First of all, virtual property plays a significant role in China's economic development. The protection of virtual property effects the stabilization of society. Secondly, there are several problems in the process of protecting virtual property, such as burden of proof, cost estimation,the hardess of evidence confirmation.. Finally, this paper compares the two method of creating law., analyzed each method's advantage and disadvantage and then propose my own ideas.At the present practial time, we had better give a judicial interpretation to currently existing laws to adjust social needs betterly and speed up the research and proof on virtual property theory When conditions are ready, lay down the law lonely to protect the virtual property in specialty. Finally, we should complete supervision system in this process to protect the virtual property better.