Virtual Property Case Law Analysis

With the development of the network game industry in our country, the network game has already become the important constituent in the younger generation's life. In the network hypothesized environment peoples behavior proposed the challenge to the traditional law. Therefore, It's necessary to research the rules and regulations related to the hypothesized property in network games。This article will discuss on the hypothesized property law points which involved in"the red month"case from seven aspects. These seven aspects summarize may divide into two parts: Legal principle theory of law problem analysis and judicature problem analysis.The first part includes: the qualitative analysis of the hypothesized property as the"things"in civil law and the hypothesized property rights ownership。These analysis has provided the theory support for the later discussion.The analysis in the second part is in order to solve the problems in judicial practice such as the lawsuit subject qualifications,the personality right questions in the network game,the principle of the hypothesized property right infringement liability,the burden of proof for the game controller and the players and the spirit damage compensate feasibility .There is the research on the hypothesized property case jurisdiction question in the last part of this article.In brief, we should have to face a series of legal questions seriously brought by the hypothesized property. In order to deal with these questions we can depend on not only the profession standard and the technical method but also the law. But it is not necessary specially to carry on the legislation to the hypothesized property. The existing legal frame definitely may be suitable in the hypothesized property lawsuit so long as the judicial interpretation qualify its basic questions in solution of the difficult problems in judicature practice.