On Legal Protection Of Network Virtual Property

This thesis at the first beginning presents the conception of virtual property and makes clear its six characteristics, which are virtual, limitation in technology, legal, limitation in time and scarce. This thesis refutes present theories about legal nature of virtual property and comes to a conclusion that virtual property belongs to jus ad rem 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 but lots of disputes related to it has arisen, especially infringement of it. At the same time it is practical and feasible to protect virtual property legally. So how to protect virtual property legally and specially is brought up and the author expounds to protect from three parts: civil law, basic law related to internet and criminal law. But at the moment it is urgent to explain some clauses of the related laws and makes better use of the present laws. Because virtual property is different for traditional property we face some difficulties when it comes to protect virtual property in reality, such as how to recognize plaintiff, who has the duty to present evidence and how to count the value of virtual property. 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.