On The Virtual Property And Its Protection By Civil Law

In the last few years, the network game develops swiftly and violently, in 2006, its market scale already amounted to 6540000000 Yuan, network gamers achieved 31120000 people。But at the same time, and the disputes about network cyber-property appeared in various news media and it has attracted widespread attention。As the academic and judicial understanding of the network cyber-property legal attribute's differences and legislative relatively blank, it leads to the network cyber-property laws apply differently in differently cases, it in relief legal lago The author tries to analysize network cyber-property and find ways to protect network cyber-property on the basis of the results of relevant research, from the computer program and the relationship between players and the operators two angles.The first part, The author, recalled the history of the development of property。The author thought that the property is a concept which expanded unceasingly and has proven the network cyber-property nature from both theoretical and practical demonstrations。There being large amount of network cyber-property business, network cyber-property business became one kind of late-model property.The second part, first, the author elaborated the history of the development of network cyber-property, then studied its manifestations and summed up the characteristics of network cyber-property,The third part, firstly, the author introduced some theories in connect with ownership of network cyber-property. These theories has its rationality, at the same time has the certain defects. From the computer program and the relationship between the operators and garners two angels, the author analyzed the attributes of the network cyber-property and think it is a new property right style..Fourth, in view of the fact that the network cyber-property repeatedly suffers being refused of the law, the author think that we should bring the network cyber-property in law as soon as possible. The author studied the scale of the network cyber-property legal protection and virtual property tort components and liability methods. The author also discussed with the other issues related to the legal protection of network cyber-property, such as value appraisal and evidence。The author thought that we should ascertain a reference price firstly, then set up a neutral third party to price the network cyber-property on the reference price.The fifth part, on the basis of the above analysis and learn from foreign legislative, such as the actuality of the in Taiwan, Korea and America. the author put forward his own lawmaking speculations。According to national conditions of our country, the Supreme Court should make an explanation in order to avoid network cyber-property dissociating in law. But in the long term,《network game basic law》should be worked out for protecting network cyber-property all round.