Network Virtual Property Protection In China And Countermeasures

Online virtual assets are new things derived with the fast development of virtual society and network games. Relative legal problems also rise with their prosperity, and building a protection mechanism becomes a necessity. However, due to the unclarity of legal attributes and status of online virtual assets, as well as incompleteness of supervisory system, most crime cases are not registered or processed after registration. This thus brings many problems to juridical practice and also requires research into the current situation of virtual property protection in our country.This paper first introduces the concept of online virtual assets, its history, legal attributes and legal problems it refers to. Secondly, after presenting legislation and legal practice on virtual property protection abroad, and analyzing the corresponding situation in China by taking regional Shanghai as an example, the paper points out the dilemma of endless virtual property violation and lack of legal provision stating virtual property protection in our country.Therefore, countermeasures and suggestions are proposed based on our country's practice from three aspects, namely legal protection, administrative management and relative nongovernmental sectors, by integrating traditional property protection theory and referring to the experiences in legislation and legal practice of each side. This proposition aims at dealing with such cases more directly and operably. Finally, the paper suggests that online virtual assets should be protected properly from all sides as a member of multiple property forms, and calls on legislation for the protection of virtual property to protect interested parties effectively and sustainably, defining responsibilities of each side more clearly, and thus guiding the virtual society and network game industry in our country to develop orderly and healthily.The paper constitutes four chapters.The first chapter "concept of online virtual assets and their development" includes two parts. The first part defined the concept of online virtue assets, the features and classification. The second part analyzes the domestic theories on attributes of online virtual assets, pointing out that they are a new form of property right with features and attributes common to real right, thus can be brought into the adjustment of the Property Law.The second chapter discusses the legal problems related to online virtual assets. First, it concludes on the ownership of online virtual assets. Second, it takes insight into the burden of proof, principle of culpability and modes of settlement involved in the legal practice of an online virtual asset case.The third chapter analyzes the current situation of virtual property protection both at home and abroad. It is consists of three parts:the first gives an outline of legislation and management of virtual properties in developed countries and areas; the second part researches into the corresponding situation in China, and conducts comparative analysis of relative data (e.g. number of 110 report of such cases) in Shanghai, concluding that legislation in our country lags behind the emerging crime cases in lack of tangible legal provisions protecting online virtual assets.The fourth chapter is "countermeasures and suggests of virtual property protection". After taking in positive experiences of virtual property protection abroad, three aspects of virtual property protection are proposed based on China's reality:the first is legal protection, which pursues solution in substantive law, adjective law, judicial interpretation and separate legislation. Separate legislation is relatively difficult, but it solves the problem thoroughly. The second is administrative management. Administrative service division can explore normative and positive solutions of frequently encountered questions by issuing division management regulation or making experiments before expressly stipulations are found in the law. The third is other protections such as definite provision of right and responsibility of network game ISP's and players, self-discipline and self-management of this industry etc. Network has already become an essential part of our life, and online virtual asset industry is not only virtual. Our views should shake off the shackles of tradition and theories be innovated with changes of the time and our society to provide appropriate protection of online virtual assets in our country.