Typed Research On The Network Virtual Property Rights

Enter the Web2.0era, people are not only the participants of the Internet,but also thecreators of the Internet life.Network virtual property is a new thing under the background ofthe emergence.It’s nature and what legal norm should be used to protect it is a controversialproblem in academic circles now. This paper discusses the legal relationship of the networkvirtual property and distinguish it between real right and creditor’s rights based on thetheory of civil law,in order to protect different interests.So this paper argues that the natureof the network virtual property cannot be simply explained only by creditor’s rights or realright,but should be typed.This article is divided into five parts as follows:The first part firstly introduces the basic overview of network virtual property in ourcountry.The second part introduces the representative theories about network virtual propertyrights.The third part discusses the legal relationship involved in the network virtual property.The fourth section is mainly to distinguish different types of network virtual propertyrights.First of all,based on the history of the property law and its modern development,andthe network virtual property has the independent property value,so it can be the object ofproperty rights.Second,the purpose of traditional property law system to distinguish the realright and the creditor’s rights is to provide a suitable protection for different legalrelationships.Based on this,this paper argues that the legal attribute of network property canbe typed into the real right and creditor’s rights.The last part describes the other countries’ attitude of the network virtual property.Andit can be seen that the present status of the relevant legislation in China is still notsatisfactory. According to different types of network virtual property rights, we may putforward the corresponding perfect legal protection system of civil suggestions, in order tohelp to solve this reality dispute.