Protection Of Network Virtuai Property By The Law

With the development of the Internet, especially the rise of the network game, transactions of network account and all kinds of virtual goods is developing rapidly. But at present, the law of our country lack of principals regarding the protection of network virtual property. That makes the protection of virtual property in a state of disorder. When the court faces this kind of cases, because the legal status of virtual property has not yet been qualitative, they feel confused. Can this kind of behavior be regulated by the traditional property crime, or should it apply computer crime, or denying the value of virtual property, we should take this kind of behavior not a criminal offense. Different understanding results in different answers. Such confusion is harmful to the protection of virtual property owner’s right, and is harmful to the development of the emerging industry of network game. Therefore, this article intends to make some discussion on the nature of virtual property and legal protection, and gives some legal advice.This article is divided into five chapters.The first chapter mainly introduced the network virtual property. Including its history, the properties of general merchandise within it, and unique characteristics of it, and summarize the discussion on the legal status of it by scholars. Then put forward the author’s view: multiple attribute.The second chapter discusses the violations towards virtual property, divide into several kinds like robbery, theft, fraud. Then summarize the characteristics of the behaviors.The third chapter introduces the protection of network virtual property overseas, takes USA, South Korea Taiwan and Hong Kong area as examples. The methods can be divided into two categories:make it a special crime or put the virtual property into the traditional property scope.The fourth chapter summarizes the current situation of the protection of virtual property in China. Firstly, summarizes the ways that courts deal with such cases, then summarizes the relevant provisions in the current law of our country. Last, analyzes the gaps and loopholes in the current law.The fifth chapter gives the author’s legislative suggestion. According to China’s legislative habits, it makes suggestions of the legislative interpretation, judicial interpretation, criminal law amendment. It also put forward some suggestions on judicial practice.