Nature And Protection On Civil Law Of Virtual Property Of Online-Games

As the Internet technology has been developing, the virtual world has been created for human being, which is different from the real world. Yet the popping up of the virtual world posed a great challenge to traditional civil law in real world. With the rapid development of online game industry, online players whose number has been rocketing make more and more eager demand upon the legal protection of virtual property. Therefore, ensuring the sound and orderly development of the online game industry, it is inevitable and extremely urgent to take up the in-depth study on virtual property and to perfect the legislations concerning online virtual property.Among the varieties of virtual property, this essay has taken the most typical virtual property, namely, all resources existing as data (including the characters, props and equipments in online games), as its object of study. This essay consists of five chapters besides forward and epilogue.Chapter one, the arising of legal problems relating with the network virtual properties and the status quo of Chinese legislation, points out that the current legislation could barely cope with the serious situation in which network virtual property disputes have been mushrooming.Chapter two, differentiation and analysis of the connotative meaning of network virtual property, believes that virtual property, as a scarce asset, has not only useful value and disposability, but also the evident attribute of property which is fit for the important requirements of validity.Chapter three, the legal essence of the virtual property in online games, introduces the relevant laws and regulations relating with the online game industry in the developed countries and areas, analyzes the different viewpoints on the legal nature of virtual property and reasons the real right attribute of virtual property in online games.Chapter four, the type of disputes about virtual property in online games and way out of the current civil legislation, explores the temporary solution under the circumstance that special law protecting online property is lacking in china.Chapter five, the building of civil law system protecting virtual property in online games, stresses that we should set up civil law system to protect the network virtual property, taking into fullest consideration what rights the operators and players of online games should exercise, what obligations they should fulfill, and what liability for tort should be taken on.