The Protection Of The Network Virtual Property In The Private Law

The rapid development of information technology has changed our social structure of economy. More and more people are living, working, and gaming in the new virtual social space—Internet. The online games have shown their great economic value and become a new economic growth point. There is no doubt that the network virtual property is the product of online games in the certain environment. Moreover, the network virtual property is significant to game carriers and players. The network virtual property is a digital property with exclusive and stand-alone value, which imitates the form of property in real world.The transection of virtual property is popular on the Internet, the price of ID and equipment for the games are marked clearly. There’s even such profession "Leveling" appears. The online game industry creates tremendous market value, at the same time, issues about the network virtual property appear. In recent years, legal cases about the network virtual property emerge one after another, and showing the trend of geometric growth. However, there’s no unified definition and nature of the network virtual property, neither the ways to protect it. Therefore, constructing thorough protective system for the network virtual property is in urgent need.In the paper, I attempt to analyse the definition and features of network virtual property. Giving advice about how to protect it in the condition of clearing its legal attributes.There a re four parts of the paper. The first part is the theoretical definition of the network virtual property, it introduces its definition, characteristics, and the legal attributes. The network virtual property firstly has the characteristics such as value, transferability as traditional properties, it has new features such as virtuality,limitation in time and space. The paper then introduces different viewpoints about the legal attributes of network virtual property in theoretical circle, which are as follows:the theory of obligatory right、the theory of intellectual property right、the theory of intangible property%the theory ofproperty right. I analyse these four viewpoints sseparately, and define the network virtual property as a special property right.The second part illustrates the necessity of protecting the network virtual property. The paper introduces the successful experience of legal protection in advanced countries and areas. However, in China, the legal protection is lagging behind and disunified in judicial practice. With the increasing disputes, bringing the network virtual property into legal system is especially important.The third part presents the ways of protecting the network virtual property in the Property Right Law. Virtual property right is a kind of property right, the property law, which has a complete protection of property rights, has a extrusive advantage on protecting virtual property right. This article first introduces the real right alternation of virtual property, and then focuses on the claim of real right of internet virtual property, which is essential for the establishment of the protection system of virtual property right.The fourth part mainly focuses on the protection of virtual property right by the tort law. According to the tort liability law, I analyze the component and the liability principle of the tort liability of internet virtual property and I hope the theory can help solve some of the disputes on internet virtual property.