Research On Civil Law Protection Of Network Virtual Property

In recent years, with the continuous application and development of Internet technology, the network industry in China present a trend of rapid development, and has became a new growth point of Chinese economic development. However, as the nature of the virtual property in the network is virtual character, duration and so on, the current laws which regulate it look like out of presence, concerning no legal evidence, no actual jurisdiction in many virtual property disputes, the majority of Internet users and the game player’s interests are not in good protection. Whether virtual property has property character? What is the nature of its legal? Whether virtual property should be included in the current scope of legal protection? These problems have been up in the air, and become the focus of the academic and judicial debate. Handle the problems above, it is very important to solve the network hypothesized property related disputes and protect the interests of the network users and the game players. In this paper, there are three aspects to analyze and demonstrate the questions above. The first is an conception of the network virtual property, according to property and analysis of the concept of network virtual property, it will reveal the network of virtual property, then analyze the character virtual property of the network, the findings will show that virtual property is undoubted belongs to legal property, and should be defined as one kind of the legal the property. Then, the second part will identify the legal nature of the virtual property. In this part, the writer used contrast demonstration to analyze academic property rights on the properties of the network virtual, property claims, intellectual property, new property, subsequently, a final sanction was made on the legal nature of the network virtual property. The property of network in essence is an intangible property. Identification of the legal nature of the network in virtual property of civil law protection should be put on agenda firstly. Finally, focusing on analyze the protection of virtual property in civil law.in this part, the United States, South Korea and Taiwan and Hong Kong gave much more attention on especially legislative status of virtual property and comparative analysis, appropriate reference, starting from the property rights, claims, and infringement and other legal relations, enhance the civil law system and strategy effectively on protection of network virtual property in civil law,. Virtual property of the legal nature and the determination of the problem of Civil Protection are imminent. China should learn advanced experiences from foreign countries, at the same time accelerate the step to make the virtual property laws and regulations which suit to the conditions of our country on, to improve our legal system.