The Research On Question Of Law In Internet Fictitious Res Trade

With the rapid development of Internet, the Internet fictitious res becomes a well-known new item to the people. Because of the characteristics of Internet such as virtuality, technicality and so on, the nation intervention to the Internet fictitious res trade is very necessary. And obviously, the question of law in Internet fictitious res trade is not only a question in civil law but also a question in economic law.The Internet fictitious res refers to an item that Internet user obtains through certain online behaviors in Cyberspace, and which is stored in the specific server, as well as felt by human through using the computer technology. The fictitious res has characters such as virtuality, objectivity, legality, time-limited, value and so on.The Internet fictitious res is obviously different from the chattel, the intellective products and the object of debt, which has the characteristics of commodity value and value. Therefore, it can be considered to be a new special property, of which features are different from the tangible property and intangible property. It should be owned by Internet user, instead of Internet service provider.The owner of the Internet fictitious res has the rights to control his Internet fictitious res directly. The property of Internet fictitious res is exclusive and permanent, which must be linked with certain service during its exertion.The law relation of the Internet fictitious res trade refers to the intersubjective relation of the right and obligation, which is regulated by law regulation, with the Internet fictitious res as its object. Subjects of the law relation of the Internet fictitious res trade should include: Internet service provider and user.At present, the online game fictitious res trade is the most representative of the Internet fictitious res trade, of which market scale is increasing largely. However, as the lag of legislation, there are many problems, which need to be solved urgently, about the online game fictitious res trade.Due to incapableness of private force, unfair economic status of subjects and the function of the government, the government should regulate the online game fictitious res trade. The main regulate ways of government include: the regulation for the subjects in the law relation of the online game fictitious res trade, the revenue administration system, the system of pricing and other behaviors which influence on the trade market.