The Quality And Civil Protection Of Internet Virtual Property

Internet virtual property is a sort of new thing emerging with the development of Internet technique these years, the interests it involves become mare and mare tremendous, and the number of lawsuit become more and mare hug, so that it arouses judiciary's wide attention. The quality of Internet virtual property and the way in which it was protected had become a new issue of research in civil law, and it put up some new tasks to our legal theory research.Internet virtual property as a new kind of property, we do not have relevant and current law, and legal scholars have no unified outstanding to the quality of Internet virtual property. So that the court has a great confusion about using what ways to protect Internet virtual property in judicial practice. This paper's research begin with the character's research of Internet virtual property, in the foundation of using eider jurist's theory research achievements for reference, in course of researching and exploring the conception and quality of Internet virtual property to put up the protecting way in civil law to Internet virtual property. This paper had divided into for parts:Part one: define the conception of Internet virtual property, and analysis its physical character. This part is the theoretical premise and foundation of the whole paper. This part start with the conception research of Internet virtual property, obtain a result that only the Internet viriual property within narrow conception can become the objection which our law should protect. In the meanwhile define this paper's research target. The second section of this part made a great explanation to the quality of Internet virtual property, by using example to explain the principle theory in technique of programming language like C++, to prove that in the course of visible image which is in course of operating ,Internet virtual property that certain user possess is sort of Procedure call code which is given certain right, preserved in Internet service provider's server, possessed by certain user and existing in proceedings.Part two: in section one, this paper introduced different point of views to Internet virtual property's legal character, and point out their draws. In section two, this paper considered that Internet virtual property is a kind of new and special object in civil law in foundation of unified perception in part one, and that it is a kind of object property law should protect.Part three: first analysis whom Internet virtual property belongs to, coming to a result that Internet users possess the right of Internet virtual property and give some suggestions that how to define the identification of Internet user. Section two, this paper explained focus point that exists in lawsuit. Section three, this paper analysis different tort subject and different infringement's criterion of liability in Internet virtual property litigation, and confirmed its criterion to evaluate its value, and build the compensate standard of its tort litigation.Part four: put up some supplement to protect Internet virtual property which civil law cannot protect effectively, which mainly involving evidence preserving in Internet virtual property litigation, the least years of service that Internet service providers and fleet users offered, and perfect Internet virtual property's transaction mode.