The Exploration Of Divorce Division Of Marital Common Network‐Virtual Property

In the digital age,with the further development of computer information technology,new things emerge and the human life have been unprecedented changed.In recent years, network of virtual property disputes are increasing every day.The civil case that Gamers Li Hongcheng bring a lawsuit against the Game operators tic Ice Technology Development Co. Ltd. is called the first case of virtual property of China.Since then, virtual property with a certain economic value started to enter people’s vision.Thus began the study of network virtual property.For now, our country’s law does not make specific provisions for network virtual property;In theory,there are several theories of the legal nature of network virtual property.This leads to treatment-related network virtual property disputes brought difficulties in legal practice.Among the many disputes in network virtual property, cases of divorce split virtual property are most complex.Compared to theoretically explore for network virtual property, I think it is more important that to seek a fair,just and legitimate dispute resolution methods in legal practice.As such, This article would be from the perspective of network users,to solve the problem of divorce split virtual property in the existing legal system.In the first part, I firstly explain the narrow concept and generalized concept of the virtual property,and distinguish the network virtual property and virtual property.Then, I summarize the various aspects of virtual property ’s characteristics.Finally, I have to be the interpretation of the legal nature of virtual property and the various theories of its shortcomings comment,these theories are not effective with the current legal practice of solving the problems of justice,And so,I did not adopt these academic point of view.In the second part, my aim is to explore a way of dealing with disputes,virtual property laws to further investigate the nature of the legal system within the existing,I think that virtual property belonging to the civil law theory of informational intangible property,and the internet users have the right to use them,which should be subject to civil law protection.In the third part,by means of theoretical analysis and the existing jurisprudence,I’m sure the network virtual property as jointly owned marital property,and it can be divided a t the time of divorce,and affirmed the network virtual property would be protected by the marriage law.At the same time, I summarize some issues of the dividing network virtual property.In the fourth part, for the current problems in practice in divorce division of virtual network of property,I believe that The court may confirm the split to divide matrimonial virtual property through the use of virtual property rights In the nature of virtual property rights can not clear premise. Then,combined with our legal and judicial interpretation of the Marriage Law provisions,I find the way to identify the network virtual property belonging to the husband and wife. At the same time, the division of virtual property should follow the principle of division of jointly owned property. Virtual property value is subjective and objective, Therefore, in determining the value of the property when the virtual network, we should combine with the husband ’s and wife ’s subjective value of virtual property identified.In the fifth part, I find two kinds of segmentation of virtual property——bidding and judicial auction on network.I think that it would solve the problem of dividing virtual property in a certain extent.