Research On The Virtual Property Legal Protection Problems Through Analyzing The Case Of Hanlin Against Shanda Internet Development

Along with the rapid development of Internet, our economy structure is changing subtly. It becomes an indispensable part of each modern person to work, study, communicate, amuse on the virtual platform. Online games have evolved into Chinese economy booster, while it was born as a computer program tool. Online games virtual property trading is expanding. A new Economic Growth Point emerged.When online games create great wealth for our community, all kinds of rights and obligations disputes relating to virtual property come forth. However, there is no unified point of view about several basic issues, such as the connotation, the attribute of virtual property. Not to mention the dispute solution approach. In a word, the current status of virtual property legal protection is in a predicament neither theoretical support nor a uniform standard of justice. Other countries have no fashioned solutions. Therefore, it's necessary to seek the security solution about virtual property disputes and to make a sense of several theory problems involved. The author studies the issue in the following four aspects:The first part of the paper dwells on the case of Hanlin against Shanda Internet Development. Then the author analyzed the bones of contention. Based on above discussion, the author educes three main problems that we'll discuss, that is:"virtual property worth it?", "who own virtual property?", "who protect my virtual property right?"The second part of the paper mainly provides us an overview of network virtual property. Beginning with the concept and attributes of traditional properties, the author expounds the concept and characters of network virtual property. Comparative analytical process concludes that:network virtual property obtain the basic attributes of properties. Therefore, it should be incorporated into the scope of legal protection as a property type. Next, the comprehensive assessments on the nature of virtual property rights become a new topic. The author proposes some her own viewpoints. Lastly, the author believes that the network virtual property should be protected by the Property Law as a special "object"The third part focus on the booming trend of Online games, combined with analysis of the non-standard Online games industry. The author reminds us that the urgency of the concerns of network virtual property disputes legislation should be taken seriously, both from scholar circles and judicial practice.The fourth part mainly demonstrates the author's assumption about the standardization of the rights and obligations and the protection of the Procedural rights, taking the case of Hanlin against Shanda for example.