The Study On Legal Attribute And Protection Of The Right Of Network Virtual Property

The network virtual property is a network resources with certain value provided, existed in the network environment by network operators, owned and controlled by the user, such as equipments and accounts of online games, QQ number, e-mail accounts, and currency under network environment and so on. Network virtual property is characteristic of quality of value, specificity, availability, independence, belonged to the materials in the areas of the property law; the rights of the network virtual property are property rights, and ownership. The right of network virtual property refers to the rights of the owner of network virtual property in the scope of law, composed by possession, use, profit, and disposition to the network virtual property belong to himself. Network virtual property is acquired through consideration bid and labor by user. The possessor of the right of network virtual property is the users, who have the rights of action to the right of network virtual property. The operators have the negative obligation against the right of network virtual property, the positive obligation that protect the exercise of the right of network virtual property, the duty of proof when the right of network virtual property was infringed, and the support obligation of technique when the right of network virtual property are transferred. The users exercise the right of network virtual property in accordance with the network service agreement, and are strict adherence to the contract transaction trade. When the right of network virtual property are infringed, the relieve ways of relief applied the claims of the property law, and the infringer shall be request for damage reparation. When the right of network virtual property is transferred, the liabilities for breach of contract and for fault in contracting are applied. The operators assume unreal joint liability when the third person infringed the right of network virtual property. The right of network virtual property should be protected by property law, tort law, and contract law in one system. The mode of legal protection of the right of network virtual property is adopt to the legislative interpretation and matched by judicial interpretation and specific legislation, the need for legislation is to definite the nature of their property, make a standardized form contract provided by the operators and clarify their duty, in the scope of the criminal law the infringement to the right of network virtual property should be defined the crimes against property. In executive protection, the administrative agency should be responsible for the protection obligations and regulate trading platform in industrial management. In judicial protection, the tort litigation system should be used in suitcases and the arbitration should be used to settle the dispute.