Legal Regulations Of The Network Virtual Property Transactions

The network rapid development has brought the huge influence to the world, from this also has had many new business, in the network game's virtual property is one of them. But, since the virtual property has appeared, its transaction dispute changes the frequent occurrence, already aroused people's widespread interest. Has not carried on the explicit analysis in the scientific theory to the virtual property qualitative, in reality also does not have the truly feasible operating procedure, causes to the network virtual property transaction legal protection into law difficult problem.The author uses for reference is related the scholar the research results and the massive realistic cases, makes the preliminary inquisition to the network virtual property theory. In this foundation, in view of the network game virtual property's transaction dispute form, refers to the domestic and foreign legislative experience, experimental seeks for the network game virtual property transaction dispute's prevention, the solution mechanism, provides for the network virtual property related legislation and the judicature profits from the function. This article is divided four parts to analyze the virtual property transaction the legal rules and regulations question.This article first part begins from the network game virtual property's origin and the development, to summarize the network game virtual property the concept, the characteristic, obtains the virtual property to have hypothesized characteristics and so on, validity, time limit, and proves the virtual property is should receive the legal protection the property.This article second part in first part of proof conclusion, analysis network game virtual property transaction form, practical significance as well as existence question. At present the author in view of the virtual property transaction situation which is popular day after day, proposed that the network virtual property transaction easy to cause dispute's primary cause is the transaction safety coefficient is small and transaction rule flaw. This article third part mainly to our country related virtual property's scientific theory disputed that carries on the analysis. At present the theorists concentrate about the virtual property's main dispute in the virtual property attribute and the virtual property trade whether in the legalization, the author did think the virtual property the real legal attribute is one new property rights, has the creditor's rights attribute and the real right characteristic, its transaction should receive legal the protection.This article fourth part the first comparative external analysis our country virtual property's protection present situation and dealt with it to carry on the protection the necessity , based on this was related the legislative pattern to our country and the style proposes suggest ed: Our country should pick step by step legislate to suitably, first through the releasing relate d judicial interpretation solution own mature virtual property question, simultaneously as soon as possible formulates the specific law theoretically. Then again has carried on the discussion to the virtual property transaction dispute's guard and the solution mechanism. First, establis hes the virtual property the network to trade the platform; Second, online solution network di spute; Third, the consummation existing judicature resources, seek for the new theory basis, e stablishes a set of adaptation network characteristic the dispute solution mechanism, the soluti on network game virtual property subject of object determination, the network game virtual pr operty transaction dispute's jurisdiction determination, the network game virtual property valu e checking and network game virtual property transaction dispute's questions and so on on.New thing's appearance, will always in relief system's flaw, also will bring some disputes, but will be eventually in the impetus government by law perfection and the imperfectness, the author will choose original intention of this topic in this.