The Research On The Legal Nature And Protection Of Q Coins

Since2004, in the Internet domain Q coins stolen events occur, so the user’s lawfulrights and interests are violated. However, due to the lacking of clear legalprovisions for the protection of the rights, the user can only be relieved that based on"criminal law","general principles of civil law","property law","contract law" andother relevant laws of transparency provisions or judicial interpretation. In suchcases the court has different characterization of Q coins resulting in differentstandard of conviction and sentencing.Some cases were convicted and punished astheft, fraud, property crime, some are in violation of freedom of communicationconviction and sentencing. In the determination of the amount of the upper, and"property income","the actual loss","the official price of" multiple criteria exist.In this paper, from the perspective of Q coins’ background situation,demonstrates the property right attribute Q coins, refutes the "right","intellectualproperty rights","new property", and consider Q is a new electronic documents ofobligation. To establish the relationship based on debt service contract between theuser and the Tencent Inc, Q coins, showed that users and Tencent Inc’s contract andeffective but has not yet started to perform. When the user use Q coins, instant torequest services to fulfill the contract obligations of Tencent Inc. When the user isusing Q coins to buy other companies of the goods or services, is to agree thatTencent Inc will contract in whole or in part to third person, not the coins in theexercise of monetary function. Based on the contract relationship with duty of care,Tencent Inc is responsible for the custody of the Q document. When the third onesteals coins, belong to the infringement of the Tencent Inc’s body right and debtsbetween the Tencent Inc and the user’s relationship.The third one to steal coins doesnot eliminate the QQ users request that Tencent Inc continue to fulfill the obligation,but in the actual operation Q coins are just some information storage symbols storedin the network server to the Tencent Inc before used. Tencent Inc has possibility to issue voucher for users or to save Q coins into personal accounts. According to thecontract law, the user has requested Tencent Inc to bear the cessation of theinfringement, eliminate the obstruction, elimination of danger, continue to perform,such as compensation for loss of responsibility.And according to the contract lawand tort law, Tencent Inc has requested the third infringing one to bear the cessationof infringement, removal of obstacles, elimination of dangers, such as compensationfor loss of tort liability.