The Legal Attribute Of Virtual Property And Civil Protection

Information technology and rapid development of Internet, the virtual property show the world that it is by unprecedented new problems and law, these problems and traditional legal areas obviously different to traditional civil law, produced unprecedented influence. Along with the rapid development of Internet, the virtual property infringement cases in increasing, the court to hear the case could not be in when faced with the embarrassed situation. So the virtual property is property? Whether should give protection? How to protect? This paper puts forward the virtual property belongs to property, defined as property ownership in the civil law in operators, protection method are brought forward in the field.This paper is divided into five parts:The first part, first by the virtual property expounds the basic problems of the virtual property clearly produced, concept (connotation) and type (extension); The author thinks that the virtual property first should exist in the network environment, the network hypothesized property existing environment should be an open, interactive network space. Secondly, the commercialization of the virtual world because the network world with more and more of the virtual property can trade sex. Finally in the creation of virtual property process with the user's involvement, the user can through time and money or energy input, combined with the rules of the game get some land, equipment and props. User participation by creating virtual property process that hit the user "labor" imprint, network operators not these virtual world exist only one source of the virtual property.The generalized the virtual property has a lot of, but with the virtual property disputes occur predominantly in the network game, and the researchers of generalized the virtual property and controversial, this article mainly discusses the virtual property namely narrow the virtual property online game.The second part through analyzing the properties and characteristics of property rights to confirm the virtual property property and its performance; Property is object sex, usefulness, rare sex and controllability of items, the virtual property complies with property attributes, so the virtual property belongs to the property law, should be included in the scope of protection.The third part aiming at the legal attribute of the virtual property of different theories put forward reviewed and the legal nature of virtual property - property rights, clear its ownership. From that part of the analysis on the virtual property is the property of the legal sense, so and actually belong to property right, creditor's rights, intellectual property rights of the object or intangible property? The conclusion is that the rights of property rights of features, with real in the nature should be.The fourth part first of all that China at present the virtual property disputes, the types and protection status from South Korea and Taiwan again about the virtual property protection experience, puts forward the virtual property property protection mechanism consummation method and legislative proposals.