Study On Legal Issues Of Network Virtual Property

With the rapid development of network industry, a large number of disputes about virtual property have appeared. The legal issues on these disputes and how to resolve the disputes have become a hot topic. Due to the lack of legislation, a consensus is still not reached. But the study about law characteristics of the virtual property and the suggestions of how to protect the virtual property have provided guidance for us. This article will give a comprehensive research from the concept of the virtual property on the basis of the previous study.The paper is mainly divided into four parts:The first part mainly gives an introduction about virtual property. The author begins the study from the concept and the characteristics of the property, then gets a conclusion that the virtual property belongs to the sorts of the property, so the virtual property should be protected by law.The second part mainly gives the conclusion of the law characteristic upon the virtual property. The author summarizes the kinds of the views about the law characteristic of the virtual property, and gives assessments.Then the author regards the virtual protery as a kind of protery and shoule be protected by proterty law.The third part mainly discusses the issues on inheritance,division and guarantee of the virtual property.Because more and more cases about inheritance and division after divorce of the virtual property appear, the author begins to study from the estate and the inheritance of property,then gives the conclusion that the virtual property can be included in the scope of the estate to be inherited. Afterwards the author demonstrates that the virtual property can be divided from the theory of joint ownership. For the guarantee of the virtual proterty, the author also gives some suggestions from the theory of security law.The fourth part mainly discusses the legal protection of the virtual property. The author begins the study by introducing the law of how to protect the virtual property in other foreign countries and areas, and then gives some advices about the patterns and the methods of the virtual property protection. Network has become a part of daily life. As the network furtherly expands, there will be many disputes of the virtual property.The purpose of this paper is not only to clarify the legal issues of the virtual property, but also to hope that the relevant departments can accelerate the legislative process to provide legal basis for more and more disputes about the virtual property.Only if the regulation of the virtual property is strengthened,the rights can be protected and the network economy will develop healthily.