On The Legal Attribute And Judicial Protection Of Virtual Property Of Online Game

With the rapid development of online game industry, a growing number of users involved, the dispute also caused during a "virtual property" fleshed out the word. Because of positive law there is no clear definition of virtual property law attribute judges in dealing with disputes related to traditional law can not rely on their own understanding of their decision, different co-contracting were common occurrences. Academia is also based on the network game virtual property different test perspective, we put forward a different theory. These bold attempt to provide for practitioners to think differently path, but also to practitioners on how to treat the legal status of virtual property online games produced greater confusion. To this end, this paper from the perspective of the legal property of the network game virtual property, by exploring the nature of virtual property, each general theory, to determine the legal attribute of virtual property, so as to better maintain order in the world of online gaming, maintain user and the legitimate interests of operators, and provide a theoretical basis.This paper is divided into three chapters.The first chapter is intended to clarify the concept of virtual property. Firstly, this chapter analyzes the "virtual property" and the difference between traditional legal "property" on the concept of clear relationship "virtual property" and "virtual property", a clear "virtual property" is claimed by scholars as the object to study. Secondly, from the presence of virtual property environment, production process, types and characteristics of view, different types of virtual property to restore the original appearance.The second chapter summarizes the existing theories, to determine the legal attributes of different types of virtual property. Traditional continental legal theory, combined with the inherent characteristics of virtual property, define the nature of virtual property and virtual property rights, to clarify the relationship between the virtual property and virtual property rights. From the perspective of contractual relations, in theory, provide advice and support for the civil protection of virtual property.The third chapter analyzes the case happened in the past. Different courts virtual property disputes in different areas, the presence of co-determination of different analysis of the phenomenon. Comparison of civil and criminal judgments on the legal nature of virtual property awareness of differences, the Court found that the difficulties which exist in practice to identify the virtual property, how to influence the choice of court, interpretation and applicable law. To clearly determine the legal attribute of virtual property is to ensure the correct application of the law of the court necessary to move.