On Legal Nature Of Virtual Property Rights And Protection By Civil Law

With the development of technology, network industry is flourishing in the world .Popularity of the Internet provides a new space - a virtual space, and give birth to a kind of property with the appearance of "objective reality" - virtual property. The value of virtual property is gradually explored by market and being recognized by people.At the same time, relationships on virtual property are becoming more and more complex, and dispute about virtual property occur frequently. Therefore, the virtual property is in urgent need of adjustment and protection of the Civil Law. We should ccurately define the legal nature of virtual property and build a comprehensive legal protection system.This is crucial importance to the development of network industry, and is the purposes of the article.This article is divided into three parts. Part one is the definition of virtual property. In this section, this article start from the concept of virtual property, then analyze the technical features and defines the extension of virtual property , finally, it is concluded by economic analysis and historical analysis that virtual property belong to the res. Part two demonstrate legal nature of the virtual property right. First, this article briefly introduces the six main points of scholars concerning the legal nature of the virtual property right. Secondly, this article assess the six main points. Compared with the traditional property, virtual property is unique, but this difference has not yet reached the degree of fragmentation with reality.So it is scientific and reasonable to confine the legal nature of the virtual property right in the binary system. The virtual property righ is the right of eminent domain to res,therefore, virtual property right is real right. Part three is about the protection system of virtual property rights in the Civil Law. Because virtual property right is real right,we should comply with regulations respecting the protection of property rights in Real Right Law, and establish the protected mode by the claim of right in rem and the claim of right in tort . Because of the special nature of virtual property rights, it has important legal implications to the protection of virtual property rights by adjustment of Contract Law. Therefore, this section is divided into three parts: the protection of Real Right Law, the protection of Tort Liability Law and the protection of Contract Law .