The Study Of Virtual Property Subject

In recent years,because of the large number of transfer quantity and disputes about virtual property, people pay more attention the discussion about the legal nature and protection of virtual property. Now, academic discussion focused on the legal nature of virtual property, then, they think should protect virtual property in many ways, such as the way protect property or obligatory right or intellectual property. Internet service providers or Network users are being considered legal right subject in this method, and father analysis what rights they enjoy. This method ignored the complexity of virtual property that as the compound body of the object ownership and the debt obligation. The author thinks that ownership right and obligatory right are also exist in the virtual property. Each of the subject of the rights are different, their rights and obligations are also different; This method also ignored the difference of basic service contract and secondary service contract. This paper will be discuss the subject of virtual property as a main start, then, we will be discuss and summary who are the subject of virtual property, and what rights and obligations they enjoy.The first part:we will discuss virtual wealth and virtual property, thinking that virtual wealth should be researched as right object. The discussion reflects that the legal nature and subject of virtual property are very complex. The author introduced the concept of virtual property subject,foreign legislation and the reasonable classification. The author will be divided into realistic subject and virtual subject; The realistic subject will be discussed in property right and obligatory right.The second part:we will explain the realistic subject of virtual property. The author summarized and analysis the point of view of academic. From the special construction of virtual wealth and the practical condition of virtual property, the author introduced the subjects of virtual property, and father analyzed legal relationship between in realistic subjects.The third part:we will explain the virtual subject. The author distinguished between virtual subject and realistic subject and the virtual role in network games. The author considers that the virtual subject is a identity of realistic subject in network.The fourth part:we will discuss and summary the rights and obligations which attribute to the realistic subject. They include the rights and obligations which exist in property right and which in obligatory right. We emphatically discussed the rights and obligations in basic service contract and secondary service contract.The fifth part:we will introduce and analysis some cases about the subject of virtual property. The author chosen some cases that concern realistic subject and virtual subject, then, we will introduce the basic situation and the court judgement, Finally, we will analysis those cases in the way which depend on the view we have been mentioned earlier.