Civil Law Protection Of The Network Virtual Property Research

With the development of the Internet, by June 2010, China's Internet users has reach 4.2 billion,the scale of web games users has reach 1.05 million.With the development of network games, the virtual property dispute also appear constantly. In 2003, the country's first case of virtual property robbery which was ruled by Beijing chaoyang district people's court.The court regarded the virtual property as intangible property.The verdict caused the research of virtual property, but in the process of research,scholar has not carried on the explicit analysis in scientific theory to virtual property qualitative,many scholars only focus on virtual property's nature of property right,arguing over what property it belongs to.The study of virtual property protection trail also appear insufficient.This article focuses on determining the legal attribute of property", which warrant that bringing the virtual property into the legal protection system of the property right,and on this condition develop the legislation and judicial protection method.I hope through this paper writing, can make virtual property nature clear, provide some guidance to legal perfection.This thesis is separated into three parts:introduction, body text and conclusion, while the content is divided into four chapters as follows,Chapter I begins from summarizing the concept, characteristic of virtual property and points out that the virtual property is of usefulness, scarcity, tradability and controllability and therefore shall fall into the category of property. In addition, the thesis argues that the virtual property also is of virtuality, limitation and dependence. The second part of this chapter is devoted to the discussion of several opinions on the legal property of the virtual property,then raises the assertion of the author that the virtual property is a kind of property right.Chapter II firstly through the analysis of the legal protection system and related case analysis, provides a reference for the construction of the virtual property law system. Secondly is the discussion of applicability of the Constitution, the General Principles of Civil Law, the Property law,the Contract law, the Consumer Protection Act. The author maintains that the legislation in China on virtual property is lagging. Then analyse the five issues in judical practices.Chapter III has listed and illustrated the existing problems dealing with virtual property. The author put puts forward related suggestions and opinions such as protection of rights in rem, tort law, Contract law protection.Chapter IV suggested the substantial and procedural solutions to help solve the problems.