Legislative Positioning Of Virtual Property And Protection Measures

Virtual property right as a new kind of right becomes the issue argued in theoryand practice because it relates to a broad range of interests. From the attribute ofproperty, the thesis point out that private occupation and the intent to do so, scarcity,negotiability are inherent characters of the virtual property right to differentiate itfrom other kinds of rights. After that, the thesis reveal the fundamental reason to bringthe virtual property into the legal system and put forward the value of order is the firstfactor to be considered in the lawmaking. As to the defects of the opinion of propertyright, creditor's rights, industrial property, the author thinks virtual property rightessentially consists of quasi-property right and creditor's right and analyses thetheoretical basis for the division of rights in virtual property right. Based on theanalysis of concrete legal relationship, the author distinguishes creditor's right andquasi-property right and provides relative remedy of claims. At last, the thesisproposes that virtual property right should be legislated separately, the legal system ofit should be constructed according to the theory provided by the author, and thecomprehensive protection of virtual property right from civil law, criminal law,administrative law should be built.