The Legal Attribute Of The Fictitious Property Of Network And Protection

Along with the computer network technology unceasing renewal and progress, the Internet has entered People's Daily life. Information technology and network of the rapid development of network will show the world the fictitious property of network, it appears that met with traditional legal law distinctly different problems, instead of the related laws and regulations are not perfect, even in the judicial practice in. Not Facing the increasingly concerned of the fictitious property of network in China, due to the dispute about the fictitious property of network, the lack of legal dispute hard to get a good solution, has seriously hindered China's online game industry, people call the healthy development of the virtual property legislation for the network.Existing law about the virtual property nature theory could not reveal the virtual property right of the legal nature. Therefore, the fictitious property of network of this new law should be confirmed and the protection of legal research topic, and the new Chinese traditional legal theory proposes new powerful challenge. Anyhow, the research of the fictitious property of network not only in theory of traditional civil law, the creditor's rights, intellectual property rights theory in the Internet age, the development and benefit in the judicial practice on the virtual property of a civil, criminal the dispute has very important practical significance.This is made up of four parts. The first part of this from the concept of property and the concept of the fictitious property of network analysis, summarizes the types of virtual property of network game, and further analyzes the fictitious property of network attributes problem, the virtual property not only possess the real world general property value, scarcity, disposable and legality, four attributes should get legal protection, but also has its special virtual, value relative stability, time limit, and the technical characteristics of restrictive. In the second part of the argument in the first part, aiming at the conclusion of the virtual property right popular said, the creditor's rights, intellectual property, that is analyzed, and puts forward the author, different point of view. This article introduces the fictitious property of network in the legal dispute types and China Taiwan, Hong Kong and mainland China about the fictitious property of network protection legislation. The fourth part of the fictitious property of network is proposed a new property rights, expounds the significance of the fictitious property of network protection, for the protection of virtual property of two legislative model were analyzed and compared in the current conditions of existing laws and regulations, make relevant judicial explanation to adapt to the needs of society, at the same time, strengthen the relevant theory of research, with ripe conditions through legislation on the virtual property separately protected. Finally, from two aspects of the legislative and judicial protection in the fictitious property of network presents the author himself analysed some proposals. Hope to a view to play a valuable role for the protection of virtual property law improvement make their own razor-thin contribution!...