On The Network Property And Protection Of Civil Law

With the rapid development of Computer Netwok Technology in the world , the internet becomes the important way to influenc the life of modern society. Up to now, there are more than 300 million network users in our country. As the development tendency now, the internet industries must to be the important impulsive force to promote the development of Chinese national economy. The network game and virtual community are the two forms of the network. With the popularization of the network, the problem of network property gradually emerged in the network game and virtual community. This problem is more serious in the network game. In recent years, the disputes that arise out of network property take place one after another. In the theory circle of law, the network property brings the debates as whether it was the property in legal sense, if it should be protected legally and how it should be protected.Th thesis is trying to discuss of the network property and how to be protected by civil law.The thesis has four parts,about 30000 words.In the first part, the author respectively llustrates the necessity of protecting the network property in civil law from a theoretical point and Practical point of view. In the second one, The author gives overview of the network property. The author introduces the concept and characteristic of the network property and determines the nature of the network property. The property of the network property is demonstrated with the theory of western polical economy. Then the author gives a definite meaning of the object of right and shows the types of object of civil right. The present views of the property of the network property have been analysed and rebuted. At the end of this part, the author concluds that the concept and types of the object of the real right is a process of history development in the point view of the historical evolution of the object of real right. The civil law theorist should be more pragmatic and tolerate to the new according to the practical development of the society. As a special property, the netwok property should be regarded as the object of the real right.In the third part,The author uses of comparative law studies, this study investigated the United States, South Korea and China's Taiwan region on the network of legal cases of property protection legislation and judicial cases, the network property of China's civil legislation and the judiciary to provide reference.In the fourth part of the thesis, based on the affirmation of the property of the network property, the author analyses the patterns of the protection of virtual property in law of real right and law of obligation. As the special property, the network property could be standardized by the present civil law. For the speciality of the network, the author gives an analysis on the subject of the right and the fix of network property value and makes some related proposals.Finally,for the particularity of the network property, the Supreme People's Court should consider to draft judicial interpretation of network property to have a special regulations on protecting it. And the Ministry of Information Industry should draft Model Convention for Network User and Carrier to standard the contractual relations of network carrier and user.