The Legal Nature And The Legal Protection Of The Virtual Property

The 21st century is the era of information explosion, and information becomes a valuable resource. As a new type of information dissemination, network development has been rapid, and produces a new mode of economic growth---the Internet economy. With the development of network economy, the behaviors of people broke through the limitations of the real world, and make the personal interests extend to the virtual world. A series of actions that people make in the network world gave birth to the virtual property which is different from the form of property in the real world. At first people did not give sufficient attention to the virtual property. With the emergence and rapid development of online games, the legal issues of virtual property have become increasingly prominent. In 2003, there was the first case on virtual property that was Li Hongchen v Beijing Arctic Ice Technology Development Co. Ltd. Until this point, people began to realize the importance of virtual property, and to discuss the virtual property. Since then, there has been more discussion on the virtual property.With the further development of the network economy, in particular the rapid development of online games, the legal issues of virtual property have become increasingly prominent. And the premise to resolve these legal issues is that the legal status of virtual property to be determined, which is the starting point of this paper.In recent years, the legal issues on the virtual property have hit the newspapers, and the protection of virtual property always set again to explore in public places. People's voices about protecting the virtual property are growing. To be clear the legal nature of the virtual property and protect effectively will have a positive significant for both the protection to the legitimate rights and interests of stakeholders and the healthy development of the network economy. This article is based on the purpose of this study to explore the virtual property in order to play a role.This paper argues that the virtual property is the network resources which exist in the network space, and is formed by the virtual network technology, with relative independence, continuity and interaction. In this paper, the virtual property in online games is the research object, because the legal issues of virtual property have become increasingly prominent, with the development of online games.Comparison and inductive reasoning is the research method. In the article, the author gets the legal concept of the traditional to start pointing the logic, and by analyzing the nature of their content which companies with the nature of virtual property to determine the legal status of virtual property and legal property for the base of the protection of the virtual property.In the content, the paper includes four parts.The first part describes the connotation of the virtual property. By analyzing the unique nature and the property nature of the virtual property, the paper gets that the virtual property is the network resource that exist in the network space, and is formed by the virtual network technology, with relative independence, continuity and interaction. And this paper divides the virtual property into three categories:Virtual space, network accounts and virtual objects.The second part determines the "property" nature of the virtual property. This part starts with anglicizing the content of the "property", and introduces the concept and the development process of the "property" to determine the nature of the "property". In the context the paper determines the "property" nature of the virtual property through anglicizing the compatibility between the natures of the virtual property and the "property".The third part argues that the virtual property is real right. This section describes the several current theories of the legal nature of the virtual property, and analyzes these theories and the nature of the virtual property. We find that the virtual property has the dominant feature which is the core feature of real right. So we conclude that the virtual property is real right.The last part is a plan of protection of the virtual property in our country. At first, this part states the importance of the protection of virtual property. Then the section describes the plan of protection of the virtual property within our current legal system.