On The Civil Law Explanation To The Right Of The Virtual Property

Since the first case of virtual property in China was held court in Chaoyang district court of Beijing city on December 18th 2003, legal area has started a fierce discussion about the legal nature of the right of the virtual property, and formed 3 major explanation modes: intellectual property, real property, and creditor's right. Defining from the object of the right of the virtual property, the author analyses the explanation mode of intellectual property and real property, points out the disadvantages in theory, and justify the legal nature of creditor's right.The first part of the thesis is focus on the concept and character of the right of the virtual property and virtual property. In this part, the author discusses the necessity of researching the legal nature of the right of the virtual property, and the nature of virtual property as object. This part is the pre-conditional discussion. It set a boundary to the topic by defining the object of the right of the virtual property. This part includes origin of the issue on the concept of the virtual property, and on the concept and character of the right of the vi-ritual property. Through the concept of the virtual property, we can know the so-called the right of virtual property means the right of player command to the data directory. In this part, author also discusses the legal characteristics of the right of the virtual property: objectivity, property, dependence, deadline and legally. The author analyses and criticizes the interpretative mode of dividing virtual property into two types by the criterion whether the virtual property has the relationship to social relations.The second part of the thesis is the explanation mode of intellectual property. In the section, mainly introduces the reasons held by the scholars who study in intellectual property, and the points out the mistakes from legal characteristics of IP, the purpose of labor, and the differences between virtual property and game goods. The author believes that the right of...