The Legal Attribute Of Network Virtual Property And Its Civil Law Protection

With the rapid development of internet, online games industry has become aneconomic growth driving force that can not be ignored in many countries. At the sametime, network virtual property has attracted much attention as a new thing, and thedisputes about it are increasing. The problem of how to protect network virtual propertyhas attracted the attention of theorists, practitioners, the online game industry andinternet users.In addition to preface and conclusion, this article mainly includes the followingfour parts:The first part is to define the network virtual property and analyze its legal attribute.This is the theoretical prerequisite and foundation of the full text. First make sure thedirection of network virtual property definition, this paper argues that the definition ofnetwork virtual property should choose the narrow sense, the network virtual property isrefers to only exist in the online games. Then, when the legal attribute of networkvirtual property analysis have conclusion, this article defined network virtual propertyas the computer information that exists in the online games, and digital, the physicalcomputer processing performance，such as "money" and "treasure","weapon","pet".Finally, because the network virtual property has use value and exchange value.Therefore, network virtual property should be included in the scope of the property.Because it different from the object of real right, intellectual property and creditor’srights, so it should be a new type of property form.The second part is the status of civil law protection about network virtual propertyin foreign and Taiwan. Respectively on South Korea, Japan, the United States, Russiaand Taiwan civil law protection status was investigated. Finally draw, although thecountry and the area on the network virtual property protection of civil law have someshortcomings, but they are valuable experience for our country to reference to improvethe protection of civil law about network virtual property.The third part is the study of network virtual property civil law protection statusand insufficiency in our country. Analyze protection of civil law situation of the networkvirtual property from the legislative and judicial. Our country’s existing civil law andregulations of virtual property cannot supply comprehensive, perfect protection for network virtual property, and then we should do some effort for it. Meanwhile, there arevarious problems in justice practice that should be targeted to solve.The fourth part is the related suggestions to improve protection of civil law aboutthe network virtual property in our country. On the legislation, in order to deal with thecurrent network virtual property dispute presses for solution, we can take legislativeinterpretation, and then again make the network virtual property specific legislation toestablish the network virtual property rights, and in the future when the conditions areripe, we should make the law of information property to give more comprehensive,more fundamental protection for virtual property. On judicial practice, this paper putsforward related suggestions about the determination of plaintiff qualification, thedetermination of jurisdiction, burden distribution, the recognition of evidence and howto decide the value of network virtual property.