Network Virtual Legal Protection Of The Property Rights And Interests

While online-game industry expands its revenue rapidly, issues about virtual property of online-game are also increasingly attracting attentions. In such cases, it is crucial to define the virtual property rights and then protect them effectively. This article focus on definition of virtual property and its protection, the discussion is presented in three chapters:The first chapter defines virtual property. To define the virtual property, I analyzed the concept of virtual property, the features of virtual property, and the legal nature of virtual property. In this paper, the virtual property is the property in network games which has real transaction value in the offline market through trading, including those players acquired by continuously leveling or through acquisition. In this paper, the characteristics of virtual property rights are recognized as virtual, value, reality, restrictive, legitimacy and so on. Currently, opinions of scholars toward virtual property rights are controversial. The article will be defined as virtual property rights and interests of a new type of property.In ChapterⅡ, I discussed the necessity of the virtual property rights protection and the current practice of the virtual property rights protection. First, the need to protect virtual property rights is derived from the rapid development of the online gaming industry and frequent disputes in this area. In this paper, the current applicable laws and regulations for virtual property rights protection in China is summarized, and the shortcomings of the legislative system and current judicial practice is found through analysis of typical cases. This article also refers to legislative system and juridical practices from these countries, mainly the United States, South Korea, China's Taiwan and China's Hong Kong, hoping to get some inspiration.In ChapterⅢ, ideas on protection of virtual property rights and interests is proposed. This article illustrated the proposal of virtual property protection in legislative and juridical system based on "People's Republic of Tort Liability Act" 36th term passed on Dec.26th,2009. First of all, the legal status of virtual property rights should be made clear through legislation or judicial interpretation in the legislative system. Secondly, rights and obligations of online-game operators and game users should be established. This paper discussed the security obligation of the online game operator. At the judicial level, the paper discusses how to determine the subject of virtual property rights, evaluate the value of virtual property and allocate responsibility of giving proof. About protection of this new property interests, this paper suggests real-name registrations system, information storage system, confirmation system of virtual property trading. Fair value of virtual property can be assessed from the average cost of acquiring the asset, also subject to some adjustment in the specific environment. Considering the weakness of game players in giving proof, online game operators'security obligations and the principle of equity, the paper proposes that the online game operators should be obligated in giving proof.