On The Legal Protection Of Network Virtual Property

With the ever-changing technology, the global network industries boom, the Internet's wide application in modern society is an important feature which is different from the traditional society. As the network in our country is more widespread, at June 30,2009, the scale of Chinese netizens reached 338 million, which grows about 40 million compared with the end of 2008, an increase of 13.4%, coverage reached 25.5%, surpassing the United States and become the first in network user amount. Network's universal access had a tremendous impact to modern people's social life. It has changed people's way of life,and provided a new space-a virtual space for people's social life, and gave birth to a class associated with a property appearance called"existence"-the network virtual property. Its unique shape and means of reality dealing constitutes the challenges to the entire legal system, especially to traditional property law system.Taiwan scholar Li Hongxi said:"The advances of science make the social science become frantic, struggle to cope with. The social science and natural science and technology make a limp line of'allometric race" in the end." The problems in the practice is bound to cause the theoretical thinking. With the rapid development of the network, China's Internet law study is becoming mature.However, in the research process, too much attention is focused on the study of the Internet Copyright, Internet privacy, reputation and other rights, the protection of the network virtual property is rarely discussed.The lack of law has brought a number of uncertain factors to the development of online games.Wheras,the sign of a industry's development and maturity is often related to the integrity of the legal system.The boom of network virtual property trading market, as well as the harassment in the virtual network property disputes, makes China's theoretical community begin to show an increasingly strong interest in research in the field of the network virtual property and its interest study,and has brought a fresh breath and the pragmatic theory style. Overall, however, research is still in the exploratory stage and the chance to taste the results is still immature. The reflection is.the definition of virtual property on the network is ambiguous.the research is often limited to online games and appears to be too narrow; a number of legal issues, often kick the tires, is lack of not only specific technical analysis to legal rules, but also a whole grasp to the traditional civil law property rights system. Therefore, it is necessary to study the network virtual property-related aspects.to search for legal rules to solute network virtual property disputes.to lay a foundation of creating and perfecting the legislation.to ultimately safeguard the legitimate rights and interests of relevant parties and network order.This article focuses on our growing network virtual property dispute cases. analyze oriented value, system design, the ultimate goal and the other aspects of the significance of virtual property protection network from the theoretical level and system level. Using comparative analysis method. this article put forward protect legislative ideas and specific judicial methods of network virtual property protection, trying to make up for the gaps in theoretical studies at home and abroad,in order to ultimately make the problem in the theory and judicial practice be soluted in the most effective ways...