Research On Protection Of Network Virtual Property By Civil Law

Nowadays, with the fast development of information technology, the status ofinternet industry has made a significant improvement in many countries. It contributesmore to ecnonmic growth which attracts people’s attention as a newly sproutedthing. Meanwhile, the fast development of internet industry causes more argumentson network virtual assets. How to protect network virtual property and righs andinterests of network users legally and correctly as well as boost the healthyimprovement of internet industry become prominent in relevant fileds.This essay has four main parts: the first part defines network virtual property andanalyses its legal attributes which is the theoretical basis and premise of the wholeessay. Network virtual property means the virtual property which can be made as thevalue measurement, and used by human in the internet. Its essential form is the binarydata which is stored in the web server, while its exterior form is the different kinds ofgoods in online virtual world. In my opinion, the network virtual property has thevalue in use and exchange, which represents its essential quality—value. Therefore,network virtual property should be in the range of property. However, due to theessential distinctions among the objects of property rights, intellectual property rights,and creditors’ rights, it should be recognized as a compound right of property.The second part introduces the current situation and the main issues of protectionfor the network virtual property by civil law in China. And the main issues will becarefully analysed from excutive, legislative and judicial perspectives. Then it can beconcluded that China’s existing laws and regulations, administrative rules, judicialinterpretation and rules in relevant industries are unable to provide an umbrella fornetwork virtual property which needs improvement urgently. At the same time, manyproblems in judicial practice and social life should be solved early and seriously.The third part has a particular introduction about the recent states of protection ofnetwork virtual property by civil law in Hong Kong and Taiwan as well as some othercountries. There is a comparative analysis about current situation of the civilprotection in South Korea, Japan, Hong Kong, Taiwan and America in this part. In the end, the essay concludes that although the ways to protect network virtual propertyare different in those mentioned areas, but they can still be assumed as valuablewealth for China to improve its own civil protection for network virtual property.The fourth part aims to give suggestions on the existing problems of networkvirtual property. In terms of legislation, I think the number of official legislation ishuge which takes a long time to finish it. In the case of the current network virtualproperty disputes to be solved, taking legislative interpretation methods can be used asthe first step. Then, making specific rights for virtual property after everythingprepared, the pertinence rules for the problems about network virtual property will bemade. Besides, an internet law is required to offer a safer and deeper protection. In theaspect of administration, network management, financial administration andarbitration institutions should step up the protection rules of virtual property toimprove programs of their own department. For judicial practice part, the essay showssome relative recommendations about five aspects of plaintiff qualified to determinejurisdiction, the burden of proof allocation of responsibilities, confirming evidence,the measurement for the value of virtual property.Informationalization is the tendency of our social development. In this era,strengthening the protection of network virtual property has become the driven forceto boost the health development of network economy. Thus, solving the civil problemsduring this process will lay a good foundation for developing internet industry.