| Network fictitious property is a kind of new property form which presents with the development of network technology and fashion of network games. Along with increasing of network fictitious property entanglement, the voice of legislative protection of network fictitious property increasingly heighten, legislative protection of network fictitious property gets more and more concerns from jurisprudential circles. Through some groping study about network fictitious property and its protection on civil law, this dissertation tries to do theoretic preparation for network fictitious property legislation and bring forward some conceptions and advices.Firstly, this dissertation discusses the definition and category of network fictitious property and analyses the significance and necessity of study on network fictitious property. This dissertation points out that network fictitious property always refers to all kinds of fictitious articles and fictitious money under certain ID in the network games, even includes electromagnetic data which displays information about level and segment of the ID. This part also points out that the study on network fictitious property provided with great theoretical and practical significance.Secondly, there are many disputes among scholars on the question of property attribute and legal attribute of network fictitious property. On the question ofproperty attribute, a majority of scholars hold affirmative opinions about the property attribute of network fictitious property, only few scholars hold negative opinions. Through the analysis on the forming of property concept, the development of property form and the analysis of basal attribute of property, this dissertation points out that network fictitious property possesses the basal elements of property including available attribute , rare attribute, valuable attribute and circulating attribute etc, so network fictitious property belongs to property, it should be protected by law. On the question of legal attribute, there are several options including theory of intellectual property, theory of property right, theory of obligatory right and theory of multiple attribute. Though the analysis of above opinions, this dissertation points out that the essential attribute of network fictitious property is property right.Thirdly, this dissertation analysis the fictitious property relationship between game consumers and game dealers and points out their legal relationship on property right and obligatory right based on fictitious property, then enumerates and analyzes the respective rights and duties of game consumers and game dealers. Finally, this dissertation discusses several problems about means of fictitious property relief and brings forward several pieces of legislation advices. On the issue of the value of network fictitious property, this dissertation claim that the determining of value of network fictitious property should be based on adequate analysis of diversified cases, adequately consider officially fixed price of network games and the determinative fiction of network fictitious property dealing market, then this dissertation brings forward three fashions to determine value of network fictitious property according to the attribute of issue. As for the determining and bearing of civil responsibilities between consumers and dealers in network fictitious property disputes, this dissertation advise it should adopt the principle of constructive fault to network game dealers and adopt the principle of fair liability when both parties are non-fault. On taking of electronic evidence, this dissertation brings forward some procedural regulation. In the end, this dissertation brings forward some fundamental ideas and advices about the legislation on protection ofnetwork fictitious property, and expects that the correlated legislations can constitute and promulgate at an early date. |
