Legal Attribute And Protection Of Net Fictitious Property

The network cyber-property this emerging social phenomenon, as a result of academic circles and the judicial world to its legal attribute understanding existence difference, in the legislation also relatively is at the blank the vacuum state, then caused the law circle to be suitable, and in the academic view point dispute in view of the network cyber-property document law, indicate legal lag.The author attempts in the model correlation research results, with in the massive realistic cases foundation, obtained from the network cyber-property correlation main human right duty relations, confirmed its creditor's rights essential attribute, as well as the real right ownership.At the same time, summarizes and induces the network cyber-property to distinguish between other property rights characteristics, was clear about its cyber, valuerablity, has been possible the transfer, the restrictive characteristic. At the same time acts according to the network cyber-property the characteristic as well as the common dispute form, the net-reference work game industry operation pattern and the overseas legislation experience, contempt to seek including with the net work cyber-property correlation civil dispute, the criminal offence, the consumer rights special protection, provides the model function for the network cyber-property correlation legislation and the judicature.