The Case Analysis About Network Virtual Property Disputes

With the arising and development of network economy, online games have been becoming an important part of lives among young guys. But now there isn't any law about the character of network property. So the dispute about the loss and transaction of network property can't be solved entirely because of the unclear of the character of the network property. I analyze two typical cases. First I analyze the focuses and results of the cases. Then I analyze the problems about the law. In the end, I propose some suggestions about the protection and transaction of the network property with the law and Judicial practice abroad. And I hope these suggestions can be useful to the protection of network property and players' rights.There are three chapters in the thesis:In chapter one, there are two typical cases. I focus on three controversies points: whether the network property belongs to the property in law, whether the people in the cases have the qualifications to bring a suit and the relationship between the players and online games operators. I also propose my suggestions combined with the results of the court's judgment.In chapter two, I analyze the problems about the law. In this part, I show the concept and character of network property in online games and analyze the value of network property combined with the cases in chapter one. Then I emphasize the jurisdiction, the burden of proof and the evidence identified in the suits. This is the emphasis of the thesis. Without these problems solved, the litigation about network property can't be in progress and the litigants' rights can't be protected well.In chapter three, combined with the law and practice native and abroad I propose three suggestions about the protection and transaction of network property in online games. One is legislation perfected. The character of network property in online games should be written in law. Two is the establishment of the self-regulatory mechanism of network operations. This can help the network industry's defense capability. Three is the specification of transaction of network property and foundation of legitimate trading platform.