Virtual Property In Network Game And Civil Law Protections To It

Network virtual property is a kind of new property form which follows the development of network technology and fashion of network games in recent years. Along with increasing entanglements on network virtual property, people have a strong appeal for legislative protection to network virtual property, consequently which is more and more concerned by jurisprudential circles. The article, through some researches on and analyses to network virtual property, just aims to make theoretic preparations for legislative protection to it, and further brings forward some detailed conceptions and advices on legislation.In the first chapter, this article gives the definition and category of network virtual property and also analyses the significance and necessity of study on it. It is necessary to distinguish between the broad and narrow concepts of virtual property. From a broad view, network virtual property should exist in the specific net virtual space and therefore be exclusive to some individuals. It includes e-mail, QQ number and Domain Names, etc. And from a narrow view, virtual property consists of products game-players paid for on-line, and other ones which are free-charge on the line but could get real profits in practical deals.In the second chapter, there are many disputes among scholars on the issue of property attribute and legal attribute of network virtual property. As to property attribute, most scholars hold a positive view, but a small group denies it. This article insists on this property has been with the basic attribute that is labeled as possessions. That is, it is a kind of property right with a full consideration of its economic value, certain purpose and characteristics of right figures. Thus, it should recognize property attribute of net virtual property and then protect it by law. When it comes to legal attribute, there are such opinions as intellectual property right, creditor's right, and property right. On the basis of analyses to these opinions, this chapter draws a conclusion that net virtual property has the attribute of property right in essential.The third chapter analyses virtual relationships on property among net game-users as well as between net game-users and network operators. Following it, it points out law relationships of property right and creditor's right in the context of their transactions about virtual property. And in the end of this chapter, there gives a list and an analysis of respective rights and obligations net game-users and network operators had.Of several problems on relief of net virtual property, the last chapter finds important confirmation and burden of producing evidence happened to game-users and operators in entanglements on net virtual property. At this point, this chapter takes a consideration and analysis from the points of legislation and judicial administration, and then puts forward following legislative proposals. Net game-users should be more protected properly in the burden of proof, namely a reverse onus of proof instead of traditional burden pattern. Additionally, on occasions that there is no demand by game rules to register with a true identity, if only game-users give ID names involved in the lawsuits as well as their on-line numbers and passwords, they could be understood a legal owner of the relevant ID name. However, the counterpart occurs when the other party can provide to be good enough to overthrow the proof of this reasoning.