The Research Of Network Fictitious Property's Civil Law Protection

With the rapid development of computer technology and Internet game industry, the disputes which caused by the network fictitious property have occurred frequently, and.a. variety of form. The voice through the civil law protection of network fictitious property is rising, more and more law experts have pay attention to it. Most countries have recognized the importance which protect the network fictitious property through the civil law, and step-by-step through legislative,judicial given protection to it. Currently, our civil law protection on network fictitious property is just beginning, there are many problems which the civil law facing. In this case, we can learn advanced experience from foreign countries to improve our protect system about network fictitious property.At the first part of the article, it introduces the basic theory,the characteristics,the legal attributes of the network fictitious property, and gives law qualitative of it. Despite the network fictitious property has the characteristics of other rights, but we can not simply classify it in a category. Basing on the analysis, the article determines it as a new type of property rights.In the second part, the article describes the basis and importance for the civil law protection of network fictitious property. It is protected by civil law, the key lies in its own property useful value,exchange value and created by the labor. Then the article states several parts on the importance of civil law protection about network fictitious property.In the third part of the article, it is from the legislature and the judiciary two aspects to set forth our current protect condition about network fictitious property on civil law, summing up experiences. The article also brief accounts civil law protect condition of the United States,South Korea and Taiwan on the network fictitious property, to bring forward reference value proposal to improve our civil law protect about the network fictitious property.The article is focused on the fourth sector. It is first start from the internal cause, set out the proposal to improve the civil law protect of the network fictitious property. By the gamers raising awareness of their legal protection, the network game operators improving the safety and security services of the contract's capacity, which to reduce the incidence of disputes and protect their legitimate rights and interests. The article puts forward substantial law proposals to the network fictitious property of civil legal protection. Then, from aspects of procedural law, it states proposals to improve protection on Chinese civil law of network fictitious property.All about, in order to make the online games industries develop healthy, we must strengthen civil law protection of network fictitious property. Only in this way, Chinese game industry will developing faster, and becoming a new economic growth points, making the community develop healthy and harmonious.