Legal Study On Net Virtual Property

With the development of internet computing technology since1990s, the netvirtual industry has been presenting a swift growth trend, and consequently, the netvirtual property transaction is presenting a geometric rising tendency, due to whichrelevant legal issues involved in net virtual property are emerging continuously. As anew product of the market, net virtual property is faced with issues including thenature, positioning and protection measures. On the one hand, issues involved in netvirtual property are continuously emerging, and on the other hand, there are constantdisputes on the legal property, legal status and legal protection of net virtual property.In order to solve this contradiction, it is very crucial to confirm the legal property ofit and establish a systematic set of all-around legal protection system.In this thesis, starting from the net virtual property in net games, we willsystematically analyze the concept, category and nature of net virtual property. Andbased on the conclusion, we will have some discussion on its theoretical positioningand its protection in judicial practice. At the same time, by referring to the domesticand foreign legislations and judicial practices, we will put forward some feasiblecountermeasures, and advise to set up a perfect differentiation mechanism on burdenof proof so as to strictly distinguish the burden of proof of net game developers, netgame users and the third party, and explicitly define the jurisdiction distribution ofnet virtual property. Through the measures above, we wish to manage to solve thecurrent embarrassing situation in the protection of net virtual property as far aspossible.The overall structure and thinking pattern of the thesis is as follows.Firstly, it is to define the concept of net virtual property, and analyze the notion,nature, characteristics and categories of it. Net virtual property has not only the sameproperties as the property referred to in traditional legal sense, such as tradability andprofitability, but also characteristics different from the traditional property, such asvirtuality and dependence. This part solves the first issue in breaking the legaldilemma of net virtual property.Secondly, it analyzes and comments on several main viewpoints about virtualproperty in academic circles, that is, credit theory, property right theory, intellectualproperty theory and net-type property theory, and then by summarizing andcomparing different views of other scholars, it analyzes the credit tendency andproperty right tendency based on relevant cases. After that, from the manifestedfeatures of credit and property right, we will try to find out the conjunction point.Finally, from the perspective of the basic principles and traditional views of creditand property right, it will further explore whether net virtual property, as a new-bornthing, has the possibility to break through dualism, from which a correspondingconclusion will be reached to define the positioning of net virtual property in legalsystem.In the latter half of the thesis, based on the basic theories and principle of civillaw, it will offer a summarization on the issues net virtual property is confronted within reality through analyzing the practical cases. And centering on these issues, it willprovide some relevant solutions from legal perspective, and advise to set up a legalprotection system composed of property, law, tort liability law and criminal law etc.aimed at the characteristics of net virtual property.