The Civil Law's Protection Of The Virtual Property In The Net

Along with the increasingly development of the network economy and the quick expansion of the network game industry, the law of confirmation and protection's problem about the virtual property in the net have already become a law to study, in addition, it bring the new challenge to traditional law theories. The research of the virtual property in the net is not only have the benefit of the development and complement about the traditional theories of the real right,the legal right,the right of knowledge ...etc; but also have the important meaning to the right solution of the virtual property's case in judicatory practice. As for the law of the virtual property in the net ,the academic circles still have different opinions to the kind's problem, the ownership's problem, the right and duty of the executive and the game player. This text try to study the law kind of the virtual property in the net, according to the characteristics analysis, researching the special connotation of the virtual property right, discussing the possibility that the virtual property can become the real right's guest, and according to the legal theory analysis that the virtual property in the net have the kind of real right in innate character and have the kind of legal right in contract, combination nowadays the violation of the virtual property in the net, trying to analysis the right and duty in the network game by the theories of unreal joint and several liability, discussing the necessity and possibility about law aegis. In addition, this text bring up some suggestions to the style of lawmaking, the aim of lawmaking, the solution way of difficulty in the judicatory practices.