A Tentative Analysis Of Legal Protection For Network Virtual Property In The Case Of Network Games

This paper explores the issue of legal protection for network virtual property from three perspectives ---- the timing of NVP; the concept, characteristics and legal nature of NVP; the definition of the realistic value and protection of NVP.Firstly, the objectivity of the existence of NVP in China and the rest of the world is discussed in the paper. This is also true in legal context. The author then comes to the exposition of NVP in theory and lastly in practice.NVP is the outcome of the development of times. The timing is embodied in the verdict of the first case about virtual property in the field of network games in China and the coming of the era of legal protection for NVP. It is also manifested in the current legislative situation of NVP in China, South Korea and Taiwan.Based on the detailed studies of the concept and characteristics of NVP, it is concluded that not all NVP should be protected by law but those gained on the basis of paying prices on equal terms by game players.As for the definition of legal nature of NVP, the author holds that NVP has already possessed the basic qualities of property in law, therefore it should be acknowledged by law. NVP right is a new type of property right, which is different from ownership's right, creditor's right and intellectual property right.On the evaluation of NVP, the author maintains that the value can be determined by certain ways. With a summary of research fruits achieved by some scholars, four rules have been concluded in determining the value of NVP. On the issue of legal protection for NVP, the author first discusses belonging right, time limit of ownership, evidence-producing duty allocation, transaction of NVP and identification of evidence. The author also puts forward some suggestions on how to establish legal protection system for NVP in criminal law, civil law and other aspects with the aim to benefit the legal protection for NVP in China.