The Theory Of Fictitious Property's Characteristics And The Law Systematic Construction

Current legislation in our country has been focusing on the visible world. But the developed countries and some developing countries are transferring to invisible property and information networks. It doesn't say that the law is of no account to the norm of the visible world, just say that the point has been transferred. We once put forward:" Information industry can bring about industrialization". The out-of-order invisible world hinders the development of traditional economy and industry. So it is very important to legislate the fictitious property. We want to break the localization of the traditional notion at the same time. Because of the particularity of the fictitious property, we shouldn't surround the ownership to discuss the problem about right superficially. We should establish a kind of new invisible property right to protect the fictitious property. The network fictitious property is the outcome of the speedy development in network game industry. It has the general characteristics of property, and it has own characteristics which is different from the general characteristics of property. Along with the development of the internet economy, the disputes that are caused from the network game will be more and more. And the most of this kind of disputes are surrounding the "fictitious property". This text will analyze the essence of the fictitious property and affirm its scope and characteristics. According to the present condition of the legislation in our country, it will put forward the suggestions that can solve the fictitious property disputes and the construction of the law system.1 The existent form of the network fictitious property. The network products are divided into two kinds. One of them have the business worth, and the other have not. It includes the ID, free E-mail or charges, fictitious currency, fictitious materials, QQ and etc. The writer thinks that only the fictitious property that takes place with realistic society may be defined as the juridical conjecture property. The reason is that the law protects a certain property, not consist in it have value, but consist in its society relation.2 The legal characteristics of the network fictitious property. We think that the fictitious property as a kind of property are different from former any property appearance. Although it has the characteristics of the real right, it can't bring into the adjustment scope of the real right.It is similar in the legal right of the contract, but it is hard to exceedthe contract principles and the related regulation only depending on theadjustment of the contract. As a kind of the intelligent property rights,it will divide the integrity of the internet games. And it is hard tosettle the disputes. But as a kind of the invisible property, it is noticedthat the form of the fictitious property and its legal characteristics.3 The law systematic construction of the fictitious property. Along withthe development of the economic situation especially in the invisibleproperty, the traditional property law has to face the choices and mustbe adjusted. At present, the property right of the civil law system hasdifficulty to cover all kinds of the invisible property. Although thecurrent academic theory tries to give the best explanation on thetraditional theories foundation, the independence and decentralizationof the invisible property have been becoming a ineluctable developmenttrend. The fictitious property as a kind of the invisible property,obviously can't be compartmentalized into two demarcation system of thetradition property law. As an independent right the fictitious propertyhas the same status with ownership and legal rights. As a result we shouldfocus on its legislation and independence well. The discussion about thefictitious property perhaps never has a clear definition. Therefore, weshould abandon the idea that compartmentalizes the fictitious propertyinto the ownership or traditional rights on certain degree. We should makean independent law for the fictitious property. On a certain degree, onlythe independent legislation can avoid the perplexity of the traditionaltheory and bad influence in the fictitious property.