On Civil Protection Of Network Virtual Property

With the development of Internet and other concerned industries, the disputes of virtual property are increasing. Because Internet is a kind of a new thing, there is no legal system about the protection of virtual property in our country. This thesis researches and inducts the definition, characteristics, the legal nature and protection of the virtual property on the basis of others'achievements, mainly adopts comparative method,cases analytical method and history analytical method.Firstly, writer analyses the definition, characteristics, category and legal nature of network virtual property. Virtual property is the product of the rapid development of network technology. The virtual property has some special characteristics of its own that different from the traditional properties such as the attributes of fiction, dependence, reality relation and deadline. Writer thinks that we should view the content of property dynamically, in the judicial practice, most of cases have supported the view which regards virtual property as a kind of property and most of scholars also agree that network virtual property belongs to category of property. In the theoretical circle have different opinions on the legal nature of the virtual property. There're four different theories about the legal nature of network virtual property: Real Rights, Intellectual Property Rights, Creditor's Rights, New type of property. Writer agrees to the fourth theory comparatively by analysis and contrasting of jurisprudence the four kinds of views; comparing the network virtual property with traditional property to confirm its attribute of propertySecondly, this thesis discusses the necessity of protecting the virtual property in civil law. As an emerging type of property,the virtual property which was formed in network games has increasingly aroused general concern. The suits of the virtual property have been emerging fast accompanied by the booming development of the issues of the virtual property, the legal interests of the player cannot be protected by the law effectively. With the increasing issues of the virtual property,the disputes have not been solved effectively by reason that our country has not special provisions for the legal protection of the virtual property. As a result,it has had negative impact on the development of the online industry seriously .Urgent appeals for enacting laws for the virtual property have been made by a lot of people. We must enact law to protect the virtual property rapidly. In the end, this thesis mainly introduces the problems and the measures in protecting the virtual property. At present, The scientific theory and the legislation of America, South Korea, Japan and Tai wan area in our country explicitly acknowledge its property attribute and perform legal protection,which already became one tendency all over the world. If we give legal protection to the virtual property, we will face some problems on the virtual property due to its special characteristics, such as how to affirm the owner of the virtual property, the player and the merchant who have the burden of proof, how to cognize the value of virtual property and so on. From the points of preventing and solving litigation of torts on network virtual property, writer puts forwards some advice.It is necessary to protect the virtual property. All of us should take actions in order to protect network industry and promote the development of economy.