The Theory Of The Legal Attribute Of Virtual Property Rights And Protection

With the computer technology and the rapid development of Internet technology,the way of people’s life changed. A variety of network platform emerge as the timesrequire, more and more people are involved. Virtual network world, make people notonly live in the natural world, people as a cultural animal, by virtue of their will, in thenetwork in the world to experience real life may never be able to experience the event.Network activity brought more and more convenience and hitherto unknown experience,by the network activity caused on the network virtual property disputes are increasing,the existing laws in China on virtual property,there is no clear positioning. This is thesocial progress and people life style change to the law put forward a new challenge.Based on the study of basic characteristics of virtual property, virtual property hasproperty that "things" in the basic characteristics, further analysis of the virtual propertyright property right protection as the theoretical basis and realistic significance. Throughthe proof property innervation pattern of the change and the object of property rightexpansion in response to some scholars on the property that is questioned, at the sametime, for the protection of vulnerable groups in need, laws are more necessary to protectthe interests of ordinary network.On the legal attribute of virtual property is the premise for the virtual property, itsdifference from the traditional property characteristic, has put forward the conception ofvirtual property right system. Are virtual property acquisition and loss, virtual propertyright alteration mode, the system of bona fide acquisition etc. Network activity has itsown operating norms and peculiar behavior, network operators of the initial buildnetwork environment behavior to create a virtual property, virtual property right clearfor the original acquisition, for network operators to sell virtual property to provide atheoretical basis, but also make up the virtual property transactions have been system onthe guarantee, namely virtual property made by the following. Virtual property rightformula and traditional property formulas exist difference, this paper defines the virtualproperty right at the same time, the existing formula on delivery methods, presents acareful use of possession reformulation and directed delivery delivery.The virtual property rights protection, civil laws are mainly real right protection,infringement protection, based on investigation and liability for breach of contract. Dueto the virtual property has its own particularity, will inevitably lead to the relevant protection measures differ, focuses on the real right protection and infringementprotection and the differences between these two kinds of protection of specific content.Because the contract can be agreed upon by the parties in the category, there is nospecific discourse, but the user license agreement form clause effect problem undertookreflection.