The Protection Of Civil Law On Virtual Property Transaction Of Online Game

The21st century is the era of the technology for network and information. Thedevelopment of technology for network and information changed the human’s economicdeveloping structure and ways of lives. Network and information technology has created avirtual world outside the real world for mankind, online games is undoubtedly the main forcein nurturing it. With the development of online games, virtual property become the new kingof things which people never see before, virtual property transactions of online games becomegenerally common, where many people play online games as a full-time job to earn money.But before we clearly understand the nature of virtual property, the transaction disputes ofvirtual property of online game has been an endless stream of.AT internet age, change and innovation of the legal system in property is the main themeof the development of the entire legal system. The emergence of virtual property is not only achallenge to traditional legal system in property, but also promotes the development oftraditional legal system in property. Virtual property rights have been seen as the response thattraditional property law must make in the face of interest relationship due to network. For themoment, the research of virtual property is only getting started with a few of achievements,which is mostly focusing on its legal status, right attribute, legal protection and so on. Thelegal relationship of the parties to the transaction of virtual property is rarely discussed, butrather it is the key of virtual property research, because the law adjusts and protects theinterest balanced relationship between people. We can only apply the correct law to protect thepeople until clearly analyzing the rights and obligations of the parties to the transaction. Thepaper selects the virtual property in narrow concept which is seen as virtual property of onlinegame as the discussion view, mainly talks about the mode of virtual property transactions ofonline game, parties’ civil legal relationships(include rights and obligations). Basing on theanalysis of the mode about both foreign and our country protection about virtual propertytransactions, the paper suggests clearly that which laws should be applicable to virtualproperty transactions and how to establish the specifications about trading system. This paperis divided into three parts.Firstly, the first part cites a case to put forward the questions about the virtual propertydisputes in society which are needed to think about, secondly it introduces the origin of the virtual property and the formation of virtual property transactions, clears the virtual propertyof online game is virtual item which exists only in the simulate network world consisted ofsoftware programs and information data, has irrelative things in the real world,stored on theserver by way of electromagnetic recording, acted by the specific image and digital form.Thirdly it analyzes its unique characteristics of virtual, dependence, deadline, legality andtypes of game account with its character level, virtual currency and props. Fourthly itdemonstrates virtual property is a substance in civil law and the object of property rights asbedding for theory defined about virtual property of online games, lastly it states the differentviews of the nature of virtual property rights of online game from legal scholars. Throughanalyzing the theory foundation of the nature of virtual property rights of online game, itdemonstrates the property nature of virtual property rights of online game as a specialownership whose proprietary is player.The second part is the key part of the full text. Firstly the paper describes that there arethree modes about virtual property transaction of online game for the official and unofficialtrading pattern outside the game, in-game pattern. Secondly, it affirms the legitimacy of theaforementioned mode virtual property transactions. Thirdly, it makes special emphasis on thelegal relationship, the rights and obligations among main parties in the mode. Fourthly, it liststhe uniqueness of virtual property transactions of online game in subject, object and payment.Last but not least, it discusses the processing rules of illegally obtained virtual property thatthe buyer can take ownership of virtual property obtained by plug as long as the bona fideacquisition.To begin with, the third part talks over the common problems on fraud and illegal sourceabout virtual property transactions of online game, and demonstrates the necessity ofprotection for virtual property transaction of online game, in addition, after the discussion ofthe conservation status of virtual property transactions of online game in china and otherforeign countries, the paper proposes the recommendations of civil legislation and judicialprotection (include property law, tort law, contract law) about China’s virtual propertytransactions of online game.