Research On Civil Right In Virtual Community

With the development of computer technology and the prevailing of internet, virtual community has gradually become a new field of life, striking the existing social, juristic and economic rules. Especially in recent years, law cases derived from the developing virtual community which are related to the interests of virtual wealth and virtual personality have been emerging in endlessly. In domestic judicial practice, conclusion on this kind of cases has been drawn. However, since there is no clear legislation on the violations of virtual wealth and virtual personality, even no theoretic support for virtual wealth and virtual personality in civil law, expansive interpretation of related clauses or even a narrow replacement of real interests with virtual interests are usually made in practice to seek for legal basis. This kind of disposal usually leads to a negative result that the virtual subject can not receive legal remedy he/she deserves after being violated, which will lead to the emergence of more violation behaviors in more complicated forms with more severe sequent. And this will restrict the normal development of virtual development, so there is no time to delay for the study on this problem in the scope of civil code. In current civil code, there is no clear criterion on how to determine the nature of virtual wealth and virtual personality, whether virtual wealth belongs to traditionally defined property, and the commonness and difference between the interests of virtual personality and traditional personality, which put to exposure the vacuum of protection of virtual wealth and virtual personality. This paper is supposed to make some investigation into the expansion and generalization of civil rights in virtual community from the angle of the legislation, judicature and practice about virtual wealth and virtual personality home and abroad.This paper is divided into three chapters besides prologue and epilogue.The first chapter analyzes the limitation of the development of virtual community in current civil law system. Firstly the influence of network as an external factor is analyzed and from the value theory and basic principles of civil law, the objective effects that the traditional theory of civil law has to face in network era is pointed out. Secondly based on the fact that there are many limitations of current civil law system in the development of virtual community, the theory and regulation of property and personality rights in traditional civil law is analyzed and conclusion is drawn that current civil law system can not adapt to the network era.The second chapter discusses the new kind of rights - virtual property. Based on previous research and case studies both home and abroad, the analysis and discussion on the connotation of virtual wealth and virtual property is made, especially the attribution, characteristics and content of virtual property.The third chapter made a breakthrough in the study of virtual personality rights. From the analysis on traditional personality rights, practical cases, network affairs and autonomy norms of virtual community, the discussion on the connotation of virtual personality, virtual personality rights are made, especially the attribution and content of virtual personality rights and the propertilization of virtual ID personality rights.From the angle of theoretic study, research on virtual property and virtual personality rights can improve the limited situation of current study, make some contribution to the expansion and generalization of civil rights in virtual community and offer some guidance to the judicial practice in related cases. From the angle of reality, the protection of virtual wealth and virtual personality makes great sense that it promotes the prosperity of network technology and virtual spaces and maintains the stability of society.