The Construction Of The Information Property Rights

With the advancement of technology, the rapid development of the network haschanged people’s way of life, makes the digital information transfer come true andinformation sharing can be achieved without the aid of the traditional carrier. Butexisting laws are behind and facing the challenges of the full protection of thenetwork information. As a property unlike the traditional property, information hasthe characteristics of intangible and easily copied, and these unique forms andtransactions present a tremendous challenge to traditional property law system, sonew interests need the new rights to protect. However, in the field of law, there aresome views on whether to build the information property rights, and has not formed aunified conclusion. Whether it is necessary to build the information property, how toidentify its nature, how to protect it in reality, these issues are of great significance tothe study of information property rights.This paper starts with the real problem on the basis of theoretical study, anddiscusses the above issues with the foundation of theoretical knowledge of the civillaw. The author thinks that it should build information property rights to protectinformation.First, the introduction of this paper introduces the evolution of forms of propertyin human society and background of information property appearance which leads tothe discussion of practical problems.Second, this paper is divided into the following four parts:The first part is “the raising of problems”. This section starts with the stopping ofmicroblog site to know how to protect virtual property in reality which can showinformation property is valuable and blank areas in today’s legal system can notadequately adjust, so it’s necessary to build property rights.The second part is “the necessity and feasibility of building information propertyrights”. This section is divided into three levels. The first level introduces currentprotecting of the information, presents several views existing in theoretical circles,analyses the different points which leads to the point of building information propertyrights; the second level discusses the necessity to build information property rightsfrom these aspects of the object,the lack of theory, the safeguard of transactions,balance of the interests; the third level introduces the feasibility of building of information property rights through the course of development of property rights,theworld legislation, the characteristics of information property.The third part is “the definition of information property rights”. This section isdivided into three levels. The first level introduces the definition and characteristics ofinformation property, and the related concepts started with the basic concepts; Thesecond level defines the information property from a legal point; The third leveldiscusses the relationship of information property rights,intellectual property,whichdescribe it’s should build information property rights.The fourth part is “exploration of our country’s information property lawlegislation”. This section is divided into two levels. The first level learns the status ofinformation legislation from a global perspective, and analyses the pros and cons forour country’s legislative reference; The second level makes a few suggestions to thebuilding of information property rights through the choice of the legislative model,the status of information property law, and remedies analysis of these questions.