On The Civil Law Protecting Of Virtual Property

The appearance and development of internet bring Information Revolution, an entirely new revolution after the Industrial Revolution to us. The Information Revolution gives a new base to the flight of our fertility, but the prior point is that it has changed our life style. Virtual property is an entirely new civil legal relationship under such a background, and it has bring new challenge to traditional study of civil law.The virtual property refers to those serves that supplied by the internet service provider, just exist in the internet and can be dominated by users. For example, the accounts of net-game, the accounts of OICQ, the accounts of email, and the equipment of net-game, etc. The civil legal character of Virtual Property does not means the traditional property rights or creditor's rights, it has characters of both. No matter what is its legal nature, it must be a kind of right. And the base value of civil law is to protect the rights of the civil subject. At the same time, the civil law's right system is a developing system which develops isochronously with the society. By means of provide relief way it can confirm new type of benefit and then develops new right. So, those civil legal relationships and actions should adjust by civil law, and the civil law should protect the virtual property equally as to protect other kinds of civil rights.The current dissension on virtual property and be divided into two kind, one of it is the dissension among the users and the service providers and the other one is the dissension among the users. To reduce the dissension we should firstly make clear the jural relations between the users and the service providers. Although the serve providers have set off the relationship in the service contract, but it always be not very clear or it may unfair to the users. Then we should set off the right and obligation between the users and service providers more clear and fair, especially we should set off the service providers' duty of information disclosure and the duty of safekeeping the users' data. If we set off the two duty of the service provider, the users will have law to accord when they suffered benefit loss because of the service providers' fault. Secondly, we should establish a complete business system of virtual property's bargaining. According to the report of 17173, the market of virtual property's bargaining sizes more then 1 billion. InChong Qing, the virtual property bargaining in net bar values more than 10 million each year. Commerce of virtual property improved the development of internet industry in China. But the virtual property bargaining on internet is not as save as practical bargaining, and there are no laws protect this trade. Because of this situation, agent must be joined the bargaining. Firstly, the agent should be reduce the cost of virtual property bargaining. On the other hand, the trade should more safe because the agent. In the end, the administration could receive more tax about virtual property bargaining from the agent.