On Network Virtual Property And Related Legal Protection

With the development of Internet and industries concerned, all kinds of litigations have arisen, for example, the lawsuit of torts on line is a matter of common. Because Internet is a kind of a new thing, whose necessary legal system is imperfect, there is no law and regulation for judicial practice to go by. Therefore, with the development of economy of Internet, legal confirmation and protection of network virtual property should be new subjects of legal research, Chinese traditionally legal theories have been challenged. In the practical life, cases on network virtual property have arisen. In the case, it is advantageous and significant for researching network virtual property to develop and supplement the theories of Real Rights,Creditor's Rights and Intellectual Property Rights and to solve civil,criminal litigations. This thesis mainly adopts comparative method,cases analytical method and history analytical method, dividing into 4 chapters.The first chapter simply narrates the processes of emergence and development and analyses the definition and category of network virtual property. The emergence and development of Internet make communication and cooperation among people close and bring lots of convenience, but a lot of litigation concerning Internet appears, such as, the litigation on network virtual property. Writer, analyzing the emergence of network virtual property, makes a definition for network virtual property: people can perceive and hold and use some functions or resources switched by electromagnetic date of on the Internet. According to different functions, there're 4 kinds of network virtual property: 1.E-mail Address 2.Numbers of IM(Instant Messenger) Software. 3.ID(Identity) Number of Net Registration 4.ID(Identity) of On-Line Game,Ideal currency,Fictitious Articles.The second chapter is the legal attribute of network virtual property. At present, there're positive and negative views on existence and legal protection of network virtual property. Writer thinks that we should view the content of property dynamically, in the judicial practice, most of cases have supported the view which regards virtual property as a kind of property and most of scholars also agree that network virtual property belongs to category of property. There're 4...