The Virtual Property's Law Attribute And Civil Law Protection

With the rapid development of Internet technology, online game industry is born and becomes a big entertainment industry. The number of Chinese netizens have nearly 3 million people, one-third of them are online gamers. Even appeared professional gamers, who sell in-game equipment and account for gaining remunerations. The concept of "The network hypothesized property" is creeping into the line of sight of people, the virtual property disputes are more and more, however related legislation are rare, even in a vacuum zone in China, how to use the laws to protect the network hypothesized property has legal concerns.The legal attribute of virtual, property ownership and rights, burden of commitment, price ascertained, the settlement of disputes series of problems, such as in my theorists dispute are bigger. Theg impede the development of network industry, also go against Internet users, so that protect the legal rights of perfecting the relevant laws and regulations, is urgent. The author combines Taiwan's and Hong Kong's legislation, summares our judicial practice experience and preliminarily discuss the network hypothesized property of civil law protection related problems.Article is divided into seven Chapter:The first Chapter simple introduced this paper to choose a background, domestic and foreign relevant of virtual property legislation, this paper studied the dynamic prepared the main task and prospective goal. The second Chapter discusses the basic problems of the virtual property, including the network hypothesized property of connotation, extension and virtual property characteristics. The third Chapter focuses on the analysis of the virtual property law attribute, and we know that the network hypothesized property law attribute definition is to solve the network disputes of premise. Through the introduction of the existing related virtual property law attribute various views foia, summarizes its advantages and disadvantages, think the network hypothesized property essentially should belong to the creditor subrogation, is a certificate, but always show a lot of real right attribute, the real right of the creditor's institutionalized.The four Chapter lists the fictitious property of network common disputes form, and detailed introduction to solve the network hypothesized property dispute should pay special attention to some problems. The fifth Chapter introduce the other relevant state of virtual property legislative situation, analyzes the deficiency existing legislation in our country, and these related virtual property legislation of comparative analysis, found between China and other countries and regions gap between, and carry on the absorption reference and sail drawbacks.The vi Chapter focuses on the analysis of virtual property protection problems. The 7th Chapter is conclusion.