On The Virtual Property Rights And Legal Protection

In the second half of the 20th century, the popularity and development of internet and computer technology have created another important space -cyberspace for our lives, and have produced many new rights and interests, of which is the Virtual Property right. At present, scholars don't have unified understanding of the connotation and extension of Virtual Property. The author defined it as: Virtual Property refers to a property, existing in a particular network space, the non-material digital property right that people can dominate. This article takes Virtual Property in the online gaming space as research object. As a new type of property, Virtual Property is quite different from the traditional forms of property. Its unique invisibility and digitization breakthrough features of physical space constraints, and it has made a serious challenge to the traditional property legal system. This article has discussed the property attributes and legal attributes of Virtual Property. Demonstrating the theoretical defects in the "property rights", "claim", "intellectual property" such as the theory perspective against academics, the article points out that the network is a new type of property rights and that traditional property law system can not effectively regulate and provide strong protection on Virtual Property. Adjustment of the corresponding laws and regulations should be made in accordance with essential characteristics of the network and property development, to effectively regulate legal relations Virtual Property rights and strengthen its protection.In addition to introduction and conclusion, this article includes three chapters:The first chapter compared concept and features of traditional property rights and property rights of the Virtual Property. First on the concept of property and property rights, this article discussed the different historical evolution of Two Schools in general, points out that in different historical periods in both Two Schools, the concept of property included the property and the rights, property rights and rights do not make a distinction between object, property in essence. The concept of property should refer only to rights, and property and rights are in the same category. Then the article Analyzed the relationship between property object, property and ownership, pointing out that the traditional system of dichotomy of property rights in rem, and claims is no longer suited to modern requirements for the development of the market economy. We should analyze and define the new property ownership interests in right angles; this chapter concludes with concepts and features of intangibility, a price, availability, dependence.Chapterâ…¡discussed the property attributes and legal attributes of Virtual Property. As for the property attributes, the paper discussed whether labor and property derived from the use and whether the exchange value on the theory of labor value. At the same time, to the broad property general characteristics by Posner: universal, exclusive, negotiable, the paper demonstrates that Virtual Property possesses the characteristics. As for legal attributes, against defects of some popular view of the current academic theory, pointing out that Virtual Property is a new type of property rights.Chapterâ…¢talked about the legal protection of Virtual Property rights, set up a preliminary plan for protection system on legislative, and judicial, administrative, civil measures. The paper suggested speeding up civil and criminal legislation, making it clear that Virtual Property is a form of property, clearly define the corresponding rights, obligations; establishing jurisdiction protection system on liabilities of the contents, the onus of proof, electronic evidence ; At the same time strengthening administrative protection, establishing and improving the mechanism for civil protection, building combination of a wide range of legal protection mode on civil, criminal, administrative and civil protection.