| The rapid development of network game industry brings a lot of changes to people's social life; at the same time, it has also caused some legal blank and new problems, which includes the virtual property. As an emerging things, the virtual property in legislation in our country still does not have relevant provision. Along with the network popularization and rapid development, virtual props and game currencies and other the virtual properties that network users especially online gamer have accumulated in the games are violated more and more. The virtual property protection has arouse attentions. But the virtual property has not not clear and qualitative analysis in theory, and really feasible operation methods in practice, which makes the virtual property transactions become law problem of the legal protection. This paper tries to discuss the following four aspects to achieve more comprehensive protection of the virtual property.The first part introduces the concept, types, and characteristics of virtual property, which is the premise and foundation of the whole text of the theory. Firstly, the basic concept of the virtual property is discriminated from the angle of etymology, then introduces the three different views and comments of the virtual property of the definition in the circles, and next comment every view, finally put forward the author's point of view of the virtual property, which is based on its analysis of main narrow sense of perspective, especially online game character. Secondly, summarize the virtual property types and characteristics, which lay the foundation for below the arguments.The second part first introduces the realistic meaning and theoretical significance of the protection of the fictitious property of network, and on this basis then analyses legislation and judicial situation about the virtual property in our country. We can see that at present our country related legislation and judicial status is unsitisfatory, and still exists many problems. The third and the fourth part are the key research section.The focus of research of the third part emphasises on the determination of litigation subject in the case of the virtual property disputes. Firstly, there is the summary that introduces detailedly general theory of the determination of parties; and introduces three characteristics of litigation subject of the virtual property, which is fictitious, hidden, multiple. Secondly, determine the plaintiff's certain standards, which is mainly through the means of user registration information to prove the plaintiff's main body, or by passwords and other evidence to prove that the plaintiff's main body status. Thirdly, explain the defendant's certain rules. Fourthly, describe a third person additional related content.Cause of action and jurisdiction system compose the fourth part. Firstly, if you want to determine cause of action of the virtual property, you should define the legal attribute of virtual property. There are three views-property rights say, intellectual property say, creditor's rights say. Finally, determine the standard of cause of action of the virtual property. The second part of the study of the system of the jurisdiction, firstly, introduce predicament and exploration of case jurisdiction of the virtual property. Secondly how to decide the validity of the agreement jurisdiction is discussed. Finally determine place of contract performance in the the legal jurisdiction in related problems.The fifth part includes proof responsibility and distribution of the virtual property. Firstly, define and analyse proof responsibility of civil action and distribution of proof responsibility. In the end special rules of the virtual property proof responsibility is detailedly explained.The emergence of new things and development will always highlighted the lack of legal system and procedures, and of course also bring a lot of controversies, but it is fortunately ultimately to promote and perfect the law of this problem. The author selected this problem is the aim... |
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