The Research On The Legal Nature Of Virtual Property Rights And Civil Protection

In recent years, with the advances of science and technology, information industry has been rapid development in June 2008 to 253 million Internet users in china. The number of Internet users than the United States as world superpower. Increasing number of Internet users and the rapid development of network technology, making network games over the world network games to some extent, the lives of people added to the entertainment, but at the same time, the network brought the game of virtual property disputes are more and more, network game players are eager to the introduction of laws to protect the virtual property. Therefore, the paper argues that virtual property should conduct a comprehensive analysis, and based on accurate characteristic of virtual property, and expedite the development of the property of the relevant legislation for the system to protect the healthy development of the network game industry.This paper includes six parts of the virtual property, and all the parts to Research on the Legal Nature of Virtual Property Rights and Civil Protection.Introduction describes the study of the theoretical and practical significance of the problem and the topics raised by the background and main issues, and on the basis, the virtual property of the relevant research literature be reviewed, Also, the wording of the article brief discusses the structure and the various parts of the research methods used.Body of the First chapter is" Define the Meaning of Virtual Property and Conservation Status." This section focuses on the production of virtual goods from the start, in the virtual goods on the basis of interpretation to define the concept of virtual property. This paper argues that the concept of virtual property should be present in a distinction between broad and narrow, broad virtual property should be present in a particular virtual network space that can be specific to a particular subject of virtual items, such as electronic mail, QQ number, domain names. The narrow virtual property generally refers to network game players, or by paying a fee to obtain virtual items intellectual work. Virtual property, whether broad or narrow the virtual property, virtual property is the right person for the rights of virtual goods. Defined on the basis of the virtual property, virtual property should be summed up with the basic features, such as:legitimacy, scarcity, trade ability, value and so on. At the same time, this part also of the protection of property surveyed in detail, mainly related to protection of virtual property legal issues involved, such as virtual property disputes caused by the virtual property analysis and feasibility and necessity of legal protection and so on.The Second chapter is "The legal Nature of Virtual Property". This section describes the first demonstration with the physical nature of virtual goods, virtual goods in line with the characteristics of the general physical condition, should be regarded as objects, into matter areas. On the basis, the legal nature of virtual property by the relevant theories, such as intellectual property, said claims that the intangible assets and property, said that the analysis, comparison, synthesis, this view that the legal nature of virtual property is defined as property more as appropriate. Real property is defined as virtual, the virtual nature of the property and its virtual property disputes arising from property law to be in accordance with the regulations.The Third part is "Foreign Countries or Areas of Comparative Analysis of Virtual Property Protection". This part is in some countries and regions abroad, because of the virtual property disputes arising from the protection to elaborate. Include the United States, South Korea, Japan, Taiwan or Hong Kong of China and so on. And on this basis a simple analysis of its author, pave the way for the protection of property for us.The Fourth part is "Virtual Property in China the concept of Civil Protection and Improvement". This part of the country or region in the virtual property legislation and judicial practice, based on the analysis, the author of Virtual Property in the Civil protection methods put forward some of their own ideas, that the protection of virtual property, including property rights protection of civil law methods, creditor protection methods, tort liability protection methods. Finally the legal protection of virtual property system highlighted his own proposal, to be able to better protect the virtual property, virtual property to resolve the disputes arising from the same time, the theory of virtual property in China study and judicial practice benefits. This last part is Conclusion. The legal nature of virtual property and general civil law protection of the summary and the virtual property from the perspective of civil law legislative proposals and some prospects for the legislation.