Research On Civil Law Protection Of Virtual Property

With the rapid development of Internet technology,the Internet industry and thenetwork virtual property get greatly growth.Enrich the spiritual and cultural life, andpromote the development of economic construction.But the legislation and relatedstandard is still lacking,there exist many problems in the protection of virtualproperty.In this paper, the background and status of the virtual property hasdescribed.By comparing the different academic point of view,to define the relevantproblems,analysis the virtual property civil relationship and behavior,List currentsituation and trends in different regions.On the basis of the analysis of existingtheory,contact the problems that exist in practice,put forward the protection of virtualproperty and the industry recommendations and specifications.The full text is dividedinto three parts,the total of this paper is about twenty thousand words.The first part introduces the background of virtual property,put forward the conceptand classification.Clarify the necessity and feasibility of the definition of virtualproperty,on the basis of analysis about different academic comparison,defined theproperty attribute and legal attribute of the virtual property.The second part analyzes the civil legal relationship and legal behavior in thevirtual property in the present stage in our country,introduce the problems who areeasy to occur on the basis of these case,focus on the analysis of the breach of contract,tort and inheritance problems, analysis the function and defect in the existing civilremedy,The shortcomings of existing legislation based on the analysis ofcases,provide conditions in formulating legal and normative documents.The third part explains the defects and limitations in combining the case and theexisting legislation,contact the development needs in the moment,put forward severalsuggestions on substantive law and procedural law and mechanism in solvingdisputes.