Design On Legal Protection System Of The Virtual Property

With the development and popularization of the Internet in our country, it provides more and more abundant services. People use the Internet not only for browsing news, searching information, but also for more far-reaching domains. Internet TV, Internet games and online shopping appear and are accepted by more and more users.The fast development of the Internet brings great challenge to the traditional law system. As a new term "virtual property" gradually comes into people's visual field, it arouses the attention of the lawyer. According to the judicatory practice in our country, in the law case of "Beijibing Science and Technology Corporation's prosecution from Li Hongchen", the court affirms the value of the virtual property. But little research about it has been done in our country, so much as the definition of virtual property isn't unanimous. This dissertation sets out from the progressive entanglements, tries to analyze the significance of protecting the Internet virtual property's value orientation, institutional design and ultimate objective from both theory and system layers, puts forward concrete methods and legislative design in order to find the most effective resolution in both theoretical and practical aspects.In the first chapter of this dissertation, it starts with the basic definition, summarizes the history and definition of the virtual property and concludes its essential characteristics, such as virtual quality, valuable quality, transferable quality and so on.In the second chapter, it emphasizes the research of the legal character of the virtual property. It tries to find the basis of property right and legal theory from the view of the legal definition of property, the basic theory and the legal practice. It also confirms the legal character of the virtual property and analyzes its orientation according civil law.In the third chapter, the research focuses on the legal problem in time of the inquisition of virtual property case, such as the ownership of the virtual property, the responsibility of the Internet content provider and so on. After the foregoing research, in the fourth chapter, the dissertation introduces,from the angle of legislation, the actuality of the virtual property in Hongkong, Taiwan and other countries. It analyzes the form and content of legislative criterion of the virtual property in our country, and designs an integrated legal system to protect this new property in theory studying, system designing, legal practice and other aspects.