On Legal Attribute And Protection Of Virtual Property In On-line Game

With the development of science and technology, we entered the Information Age. For the online game industry occupying more and more percentages of various countries'National Economy, the relevant problems were also concerned and the virtual objects began to emerge. But the conflicts between the on-line game operator and the game player became more and more intense along with the standardization of the on-line game industry's operation. Especially in the recent 2 and 3 years, disputes about virtual property affairs present the tribunal repeatedly, once became quite white-hot. Due to the high frequency of virtual property's conflicts, the discussion about virtual property is also becoming more and more tense, but most of them cling to their own point, doesn't form an unified and specific definition and cognition. So the confirmation of on-line game virtual property's attributes and protection become a brand new research subject which imposes a great challenge on the current law system. The discussion on the virtual objects not only proposes the development of traditional jurisprudence and civil law in the Information Age, but also attributes to the solutions to the civil,criminal,administrative conflicts about virtual property during the juridical practice. On the basis of the discussion of scope and attributes of virtual objects, reviewing from the comparative law, make a thorough comparison between object and property to confirm the attribute of virtual objects. At first classify the virtual objects into two groups: general and narrow group, and this paper only confines to the latter one. Then set out the five attributes of virtual objects---virtual,dependent,tradable,valuable,time limited. In accordance with the above exposition we learn that virtual objects have the same substantive character---valuable. There are two typical theories refer to the problem that whether the virtual object belong to property: positive and negative theory which are at opposite poles. The negative theory regard the property with a static judgment without noticing that the object of property right has changed with the development of economy and science. Our traditional theories and viewpoints become unable to explain the new things when faced the complicated new problems, thus need to be adjusted and innovated. Because of the strict system of object and the value attribute of property, believe that is more proper to bring the virtual object into property. Admitting the value attribute of virtual object is good for protecting the legal right of on-line game player, promoting the healthy development of on-line game economy. This new thing is quite different from the existed tangible property and intangible property, should be defined as"virtual property"independently, and explained the specific reasons form the grammatical point. But the opinions about the legal right of virtual property are widely divided. Here are the three popular points----real right, intellectual property right and creditor's right. In accordance with these rights, there are three different kinds of guard model and make a thorough discussion and comparison respectively among these three models, especial the third one. Analyze the legal relation between the on-line game operator and on-line game player by seeing through the appearance, we find out that is a creditor's right which is established by the service contract between the two parties, and the virtual property is a debt obligation to ask the game operator to offer the service. But it is different from the ordinary debt obligation, which is similar to the securities that creditor's right begins to infiltrate into real right. We see it as another example of the above-mentioned phenomenon in the modern society temporarily. It have the attributes of both creditor's right and real right, but its substantive character is former one. In view of the fact that the on-line game virtue property has just emerged, the understanding and regulation of it are still at the start stage, they are different no matter in the area of precedents, regulation or theories. Although the manifestation of conflicts about on-line game virtual property are varied in the reality, it revolves around the service contract in the final analysis. As a model contract, service contract need to be specified on the right and obligation of both sides, to achieve the balance between the on-line game operator and on-line game player. When approving of the third kind of protection, we should also realize the limitation of this way in which subjects confine to player an operator, excluding the private trading between the players, so still need to be adjusted. Then list the protection of virtual property in several major countries and regions in the current world---Hong Kong, Tai Wan, South Korea, Japan and US, and make comparison among them, and provide reference for our country. Unifying our country's actual national condition, in light of the chaotic disorder's aspect of our country's protection of virtual property, bringing forward some original views. Examining the omission of virtual property's legal protection, although there are still some difficulties in the process of virtual property legalization, we need to make a specific definition of virtual property protection facing the conflicts between the reality and virtual world to promote the healthy, fast development of on-line game industry. Provide some suggestions from the angels of legislation and justice. Believe the problems refer to virtual property should not only on the basis of our current legal resources, but also make a complete adjustment from constitution to civil law, criminal law and administrative law. Lawmakers and the theory circle should reinforce the study of related theories to provide the legislation and legal practice with experience to use. Though virtual property is defined as the third kind of property beyond the existed tangible property and intangible property, it does not mean that we must make an independent law to protect it, by contrast we can still use the amendments to amend the civil law. At last, we are looking forward to the proper, new law to regulate the ownership and trades of virtual property, and we are quite sure that it will come soon.