The Legal Nature And Civil Law Protection Of Virtual Property From Online Games

Online games, as the representatives of current digital entertainment industry, it's appearance while enriching people's amateur entertainment, also brought some legal issues, the most typical issues is the disputes of virtual property. Does the virtual property belong to the scope of property? If it does,then what's its legal nature,what's the legal basis in dealing with the disputes of virtual property? How to protect virtual property? These questions lead to the theme of this article——The legal nature and civil law protection of virtual property from online games. The thesis is divided into three parts,including: whether the virtual property belongs to the scope of property, the legal nature of virtual property, and the civil law protection of virtual property.The first part, the demonstrating of virtual property belongs to the scope of property. By analysing the history of property in the civil law and the comon law, by generalizing the characteristics of property in economics and law, the thesis got the conclusion: Virtual property has value, effectiveness, transaction and so some of the characteristics of property in ecnomics, also has scarcity, effectiveness, legitimacy and so some of the characteristics of property in law. therefore, virtual property have the attributes of property, it belongs to the scope of property, it should be adjusted by law.The second part, The legal nature of virtual property from online games. Currently, China's law has not stipulate the legal nature of virtual property, the court has no legal basis while dealing with the cases of virtual property, Views of the legal nature of virtual property are different in academia. The most popular views conclude: property theory, rights of debt theory and the Intellectual property rights theory. the views of property theory is that: both virtual property and the property have independent economic value, virtual property has the characteristics of the property in civil law, virtual property has the possibility of exclusive control and management, virtual property should become the object of the property. The views of rights of debt theory is that: what the virtual property reflects is a relationship about the debt, online game players can request some rights from the operators with virtual property. the Intellectual property rights theory said that: Virtual property is a kind of intellectual in Computer technology, virtual property has the Creative, replicable, and other characteristics of intellectual property rights, virtual property should be classified as intellectual property rights of copyright to be protected. Comprehensive the three kinds of views, They all have fundamental shortcomings. The shortcomings of the property theory is: First, online games players must get helps from the game operators when they exercise the rights of virtual property, while the exercising of the property does not need anyone's supports.Second, Virtual property can not be perpetuated, while the ownership has the characteristic of a permanent existence. Third, property can confront all the other obligors who is not specific, but the online games plays can not exclude the interference of game operators. At last, the exsistence of virtual property need the computer technology's support, while the object of the property is independent, virtual property can not be the object of the property. The rights of debt theory's shortcomings are that: this theory neglect the different characteristics when virtual property is acquired,traded and lost, it explains all the problems of virtual property with contract, it is incomplete. Rights of debt is a kind of claim, the realization of the interests of creditors must be paid by the debtor behavior, but in the online games, Not all the Management behavior of virtual property have to be paid by the game operator to be completed, this does not conform with the characteristic of rights of debt. As for the intellectual property rights theory, although virtual property is similiar with intellectual as the object of intellectual property, the essential differences between the two decisions determine that virtual property is not intellectual property rights. By analyzing the characteristics of virtual property in online games, This article hold that virtual property is a kind of rights certificate, it's legal nature is a kind of new property which is different from the property, rights of debt, intellectual property rights.The third part, the civil law protection of virtual property from online games. This part discusses three questions including protection mode, the solving of related issues in litigation, the construction of legislative system. First, by summarizing the current types of virtual property disputes, the article designed two protection methods incuding the protection of contractual obligations and the debt of infringement, and propose the solutions about the problems such as the efficience of format clause, the minimum liabilities of game operators, and how to evaluate the value of virtual property. Second, for the related issues in litigation. The article propose the solutions about the problems such as how to confirm qualification of party, the jurisdiction, and the evidence systerm. At last, by analysing the necessity of legislation, the article make the conclusion that current law can not protect virtual property adequately, new laws should be formulated to protect the virtual property. How to choose the mode of legislation, there are two views including special legislation theory and judicial interpretation theory, By analysing the two views, the article make the conclusion that both the two views exist shortcomings, the mode of legislative interpretation should be taken to solve the current disputes of virtual property, when conditions are ripe, the mode of special legislation can be taken to improve the protection of virtual property.