Study On Virtual Property Registration Institution

With the rapid development of the Internet virtual property market in China, many problems and frequent disputes related to virtual property arise inevitably, but there are few legal protection systems for virtual property. This paper, not entangled with arguments about nature of virtual property, constructs a virtual property registration system (hereinafter referred to as VPRS) capable of providing the virtual property ownership confirmation and valuation, in view of system building and the summary of practical experience.This paper is divided into three parts besides foreword and conclusion.The first part is an overview of virtual property protection system. It makes a synthesis of the development condition of the Internet and the growing trend of virtual property according to statistical data in recent years, and finds out that virtual property has been involved in public life and needs the legal adjustment. Compared with the property adjusted by the traditional civil law, virtual property has the attributes of virtuality, dependency, value and scarcity, which make it the property but distinct from the traditional property. Just because of the attributes of virtual property, there is no perfect protection system for it all over the world at present, but the growing trend of it brings varying degrees of exploration for protection system at home and abroad, led by the U.S. and South Korea abroad and comprised of the account certificate and insurance of virtual property at home. But these systems can not completely solve the existing problems for protecting virtual property in our country.The second part is the introduction of VPRS. It presents a definition of virtual property registration at first, and considers the construction of an overall VPRS feasible and necessary, based on the features of conventional registration system and the characteristics of virtual property. The feasibility of VPRS is mainly embodied in three aspects:first, there is a workable system fundament same as that of traditional registration system; secondly, there is a practical registration technology, including the current hardware technology and theoretical principle; thirdly, there is a feasible theory of law from the angle of VPRS legal nature. Corresponding to the defects of virtual property, the necessity of VPRS is reflected in several aspects, such as confirming virtual property ownership, Standardizing management of virtual property, defining rights and obligations of cyber service providers and netuser, extending international influence of China’s law and evaluating the value of virtual property.The third part is the construction of VPRS. It indicates that the construction of VPRS consists of fundamental principle, subject, content, method, effect and remedy with the same construction of a general system. The fundamental principles are voluntariness, convenience, safety and publicity decided by the characteristics of virtual property. The subjects have registrant, registration authority and affiliated person. In the method, the registration shall be carried out with the online and real-time way due to cyber openness and timeliness. The registration has legal effect as the ownership and/or transaction certificate of virtual property, and it has legal effect for value assessment if any act in violation of virtual property rights occurs. The remedy shall be mainly constructed through analyzing two different points of virtual property registration dissent system, set up by analyzing the conventional real estate dissent system. One of difference points is the shortened dissent period according to the characteristics of virtual property,and the other is that the alert shall be achieved by cyber service providers. It determines that the virtual property registration center shall supervise cyber service providers.