Studies On Legal Issues Of Network Virtual Property

In recent years, with the continuous application and development of Internet technology, online games have swept the whole world. In China, online games have undergone rapid development, with an increasing number of online gamers. According to a report of a surveying company, so far China has the largest number of online gamers in the world and network industry has become a new growth point for China's economic development. However, subsequently, problems and disputes related with networks have occurred frequently, especially the loss of virtual goods and money that gamers accumulate in the games as well as the disputes arising from trades. These problems and disputes have attracted extensive attention. However, whether network virtual property belongs to properties and whether it can be brought under legal protection as well as how to protect it have always been the focus of disputes in the academic circle and judicial circle. So far, China's law in this area is still a blank page. Many disputes thus arising have not been properly settled down while the interests of gamers can not be adequately safeguarded. By analyzing and studying relevant issues of network virtual property, the article defines the property attribute of virtual properties that should be incorporate into the scope of the civil law. In this way, the legislation in this area will be improved and the sound development of network undertakings will be enhanced.The article carries out discussions in three aspects:Part one mainly provides an overview of network virtual property. Beginning with the concept and the attributes of properties, the author expounds and analyzes the concept and characters of network virtual property, fully demonstrating that network virtual property has the basic attributes of properties, that is, network virtual property has the properties of usefulness, scarcity and controllability. Evidently, network virtual property is a property and should be incorporated into the scope of the civil law. Part two principally determines the legal nature of network virtual property. The author summarizes the theories of intellectual property rights, claims, rights in rem and property rights in the academic circle currently. Detailed analyses are carried out on each theory. Through demonstrations, it is proved that virtual property right is a special kind of rights in rem.Part three focuses on the issue of legal protection of network virtual property. The author starts with the necessity of the protection of network virtual property and elaborates on the significance of legislative protection of network virtual property. Meanwhile, legal disputes of virtual properties are classified and detailed analyses are carried out on several situations. Based on this, the author puts forth legislative proposals for network virtual property: define the legal status of virtual properties legislatively, confirm the rights and obligations of game operators and gamers, standardize the trading of virtual property, improve rules for identification of virtual property, establish network arbitration system and set up virtual third parties.In general, network virtual property is a very important and realistic issue. The legislation in this field is not only to protect the interests of gamers but also to safeguard the sound development of network industry, having far-reaching significance on the promotion of national economic development. Therefore, in addition to learning from overseas advanced experiences, we should speed up the formulation of relevant laws and regulations consistent with China's national conditions and improve our legal systems.