On Network Virtual Property Laws Property And Its Protection

In recent years, china’s online game industry development is rapid, the virtual property disputes arise. But about the legal nature of virtual property, theoretical differences exist, Such as nothingness theory, property rights theory, intellectual property rights theory, creditor’s rights theory, new type of property theory, but each kind of theory defects, so it is difficult for the network virtual property to make an appropriate qualitative. Because the property of network virtual property rights protection the most comprehensive, the paper tends to network virtual property right is defined as property rights. But due to unavoidable lack of independence of the network virtual property characteristics, in the traditional property rights system, network virtual property can not be defined as property rights."Property rights of two element theory" as the analysis framework, makes the virtual property right qualitative property, favorable to the protection of virtual property. Our county’s protection of network virtual protection is lack of legislation, and the reality of the dispute often due to lack of judgment basis and is difficult to solved effectively. Aiming at the defects of all kinds of network virtual property disputes and protection problems, this paper puts forward some feasible proposals, in order to balance the rights and obligations, to protect the interests of all concerned.Based on the network virtual property as the object of study, research and exploration in network virtual property and related theory、nature of virtual property、the necessity of protection of virtual property and measures of improve.The first part is about the legal attribute of network virtual property existing theory, and study of various theories on network virtual property and qualitative deficiencies.The second part is the definition of the attribute of network virtual property law, based on the definition of legal attributes, clear network virtual property as the object of property, network virtual property right is property rights.The third part is the necessity of the protection of virtual property, includes network virtual property disputes of different forms and the specific case and network virtual property and its protection problems. Mainly about the lack of legal basis, the scope of protection is not clearly define, the value that the lack of uniform standards, the evidence found difficulties and relief is not in place.The fourth part is to improve our network virtual property protection suggestion, mainly for the problems in part three.