The Legal Status And Civil Law Protection Of Virtual Property

Virtual space is a double edged sword, it has not only brought a huge convenience to people but also the unprecedented challenges to the traditional law, virtual property is one of them. In our real life, the disputes about virtual property are more and more, but the specific legislation of virtual property is a bank. For the legal status of virtual property, many famous scholars in law field have different opinions and have not come to a definitive conclusion yet. In judicial practice, because of the absence of legislation, it is difficult to seek for the law of virtual property cases. The research of virtual property, which is not only the development of traditional property rights theory, but also has important significance for solving virtual property disputes. So clear of the virtual property legal status and to construct the virtual property protection of civil law on this basis is very urgent and has realistic meanings.This paper summarizes theoretical research results of others, learn from the lessons of practical experience in legislation abroad, and details the virtual property legal status and protection of civil law.In part one, I discuss the concept of virtual property from the broad and narrow perspectives, and advocate a broad sense of virtual property in real life more in line with the range of virtual property. Then on the basis of the concept of virtual property, I further sum up the essence of virtual property features:virtual, value, exclusivity, duration, legitimacy;Part two and part three about the legal status of virtual property are the focus of this paper.Part two expounds the legal status of the virtual property on two levels. The first level focuses on whether virtual property belongs to personal possession. At first, I introduce the concept of virtual property in civil law, common law and economics, and conclude the essential features of property. Then I enumerate two viewpoints that whether virtual property belongs to personal possession, and I rebut the opinion that the virtual property doesn't belong to personal possession. Finally, I prove the virtual property has the essential features of property, so virtual property ought to be one of properties. The second level discusses the variety of virtual property in personal possession. There are three viewpoints about the legal attribute of virtual property: theory of property right, theory of obligatory right and theory of intellectual property right. I think that these views don't well define virtual property. This also indicates that virtual property can not be attributed to any kind of traditional possession law. So I advocate that virtual property should be treated as a new kind of property.In part three, I describe the virtual property right which is above on virtual property. This section first demonstrates the principal of virtual property ownership, both from users and operators or from the relationship between the way users get about virtual property, the user as the main body of virtual property has the legitimacy. In certain circumstances, the operator can change the virtual property based on the server and the customer service side of its intellectual property right, rather than the virtual property right, so the operator doesn't have a virtual property right. Next to analyze the power of virtual property right, and compare it with ownership. I think the virtual property right is similar with ownership but has something different from the former. Finally, I make a conclusion that the virtual property right is a new right which differs from other well-known property rights.The fourth part mainly demonstrates the civil law protection of virtual property. First of all, it introduces the United States, South Korea and Taiwan for the protection of the virtual property. Then according to the present legislation and practice for virtual property in our country, I give a suggestion about how to protect the virtual property on the positive protection and passive protection. Positive protection mainly suggests that put forward the legislation for the virtual property as soon as possible and determine the legal status of the virtual property and users' virtual property rights, improve the license agreement, establish sound transaction platform. Passive protection mainly raises the point solutions for some problems of the disputes of virtual property.