The Legal Protection Of The Network Virtual Property In China To Study

This thesis mainly aims at the legal attribute of virtual property, the current protection and problems, protection mechanism.As the numbers of net trade rising, the net virtual property disputes ever-grow. It is of great necessity and important meaning to protect virtual property. Currently in China, virtual property is lack of legal status, which results in the applicable law in the trial of cases unity. Dealing cases involved virtual property, different courts take different attitude. And there is no criterion to judge the value of virtual property. Whether virtual property cases should be adjusted by the law of marriage and the law of succession and the problem of evidential proof need more discussion and further research.There are five opinions on the legal nature of virtual property. However, each of these is not good enough. The article believes that virtual property is a new kind of property with the attribute of both real right and creditor's right.Referring to the way of foreign country in protecting virtual property, also considering our local situation, the articles believes we should first clearly position virtual property in our national law theory, and then strengthen the protection by legislation and justice.