The Property And Legal Protection Of Network Virtual Property

In recent years with the rapid development of the online gaming industry, disputes about the online game virtual property continue to emerge. The phenomenon let us feel more and more that virtual property is no longer a "game phenomenon". Its' own true economic value can act impact of the corresponding on our real-life. And it can also become an object of property rights. But now this property in our country has not legal recognition and protection in our country for lack of recognition of its legal and the related adjustment system. It has a very important social significance to accurately definite virtual property.The first chapter of thesis at the first beginning reviewed the evolution of virtual property. Then proposed the conception of virtual property and makes clear its six characteristics, which are virtual, limitation in technology, legal, limitation in time and scarce.The second chapter of thesis refutes present theories about legal nature of virtual property and comes to a conclusion that virtual property belongs to property theory and it is a special one.In some other advanced countries and regions where virtual property has already been protected legally. Virtual property is still out of law in China. The third chapter of thesis analyzes the need of taking legal protection of them. At the same time it is practical and feasible to protect virtual property legally.The forth chapter of thesis proposes the legislation design of virtual property protection from three directions of the civil law, the network law and criminal law. The first step is the introduction of certain judicial interpretation and use of existing laws. Because there is different characteristics between virtual property and traditional property, we have to face some problems during their conservation in the judicial practice, such as how to recognize plaintiff, who has the duty to present evidence and how to count the value of virtual property, etc. In the last part of fourth chapter the author proposed the solution of these three problems.From the practical and feasible point of view the author different and detailed solutions to the difficulty. The protection of virtual property, which exists in the virtual world and can be measured by value, is not only one part of private property protection but also a key to keep network game industry healthily.