Regulation Of Civil Law On Virtual Property Right

Coming into information age, the fast development of Internet produces a kind of new thing called virtual property, and disputes frequently occur on virtual property indicate the backwardness on the regulation of civil law on virtual property. Nowadays virtual property's character and how to protect virtual property becomes a focus that is seen and discussed. I have read some books and articles about virtual property and got some useful materials. According to this, I write the article in order to make the theory clearer. The article is divided into three parts.In the first part of the paper, it talks about definition and quality of the virtual property, at first, take into object to introduced of virtual property and use to clarify about object of the virtual property to defined topic of the text discussion, introduced the background of the virtual property's generated, clarified virtual property different to other traditional property's features and virtual, used to analyze method to search the virtual property with traditional property's relationship obtained the results of the virtual property belongs property of the civil Law. and then this part cross property system of the civil law's comparative study to made definite res corporales and property right to made up the property. so virtual things and network service right of claim to made up the virtual property and based on this to define virtual property's concept in the civil law, accordingly the virtual property to be depends on network environment, it's able to occupy and allocate moreover have the network virtual things and network service right of claim. Another one of this part analyze about quality of the virtual property. it introduced for different opinion of the virtual property's quality, including object of intellectual property right, object of the real right, object of the creditor's right etc. To analyze one by one on this basis and two kinds of type of the virtual property---virtual things and network service right of claim, obtain results to consider this two kind of type of the virtual property's quality have some different. For virtual things actually belongs object of the real right, so the virtual property's quality of this part belongs real right; For network service right of claim, its quality belongs creditor's right.In the second part of the paper, I discuss the ownership and the utilization of virtual property. Firstly, I pay my attention on the subject of virtual property's legal relationship; by investigate on the specific rights involving virtual property's legal relationship and the related subjects, the paper considers that the subjects of virtual property include network users; network service, network software developers; and network operators. Secondly, I discuss the problem of virtual property's ownership; because of virtual things is the subject of real right and in the civil law system, ownership is fundament of real right, which is the integrity right, the jus in re aliena derive from ownership. By analyzing the process of creation of virtual things, draw the conclusion that by the time the network service operators begin to offer the network service, they obtain the virtual things ownership, and when all the functions of ownership which contains possession, use, disposal proceeds and property manager transfer to network users from network operators, the network user gain the virtual things'ownership. So, to judge a specific virtual thing's ownership, we need specially analyze; finally, the paper analyzes the utilization of virtual things and network service right of claim separately, clarifies the network service operators, network users and the third party involved network's rights and duties. Besides, for network service right of claim, my research starting from the network service contract sighed between network user and network service operator, by analyzing the characteristic, validity of clauses and several factors effect the validity of such contract, draw a conclusion that except some unfair clauses, the network service contract is valid, and the network service right of claim as a kind of right of claim in credit, the rules of network service right of claim's utilization is based on network service contract.In the third part of the paper, it talk about protection of the virtual property in the civil law because of the virtual property have useful value itself, value of change, at the same time reacted definite legal nexus on the civil matters, so it is important to protect virtual property. Because there is no special legislation on virtual property right in our country, at this partâ… discoursed how get the protection to virtual property under our current civil law framework, first, in the case of the virtual things, absolutely use the way of real right law. base on regulations of real right law of our country, the way of real right mainly embodies each kind of the real things right of claim, including the claim rights of returning, the claim right of elimination of danger, the claim right of exclusion of hindrance, the claim right of restitution of property. For the virtual property right, there are no obstacles to the normal exercise of rights, but also have some special functions that other protects methods can not replace. this a claim rights exercise for virtual property protection have important significant; Second, using the way of the contract law protection also is important component element for civil law protection of the virtual property. In the internet space, the network user's virtual property right is conducted by sighing a electronic contract and the contract have greatly influential on the right and burden between network users and network operators. The protection methods appears as investigate to party's liability for breach, remedy means including payment of liquidated damage, stand the loss, compulsory performance; Third, virtual property as a classification of the property right, when it is encroached, must be protected from the tort law.At last, I summarized the work in this paper; indicate that virtual property as the adjustment object of property law, and according to the system of civil law, it can be divided into two categories, virtual things and network service right of claim. The former is the object of real right, it can be adjusted by using real right law; the later is a kind of right of credit, according the network service contract to clarify the rights and the duties between two parties of the contract. In addition, nowadays use the traditional civil law's adjustment menthes including real right law's adjustment menthes, debtor-creditor law's adjustment menthes and tort law's adjustment menthes; it still can protect the virtual property rights effectively. And it must be attention that, intend to solve the variety of disputes on virtual property, it need all the society's common concern and efforts.