On The Civil Law Protection Of Virtual Property

The vigorous development of virtual industry has attracted great attention of academic circles in China, and the legal protection of virtual property has been debated and can not form a unified understanding. This leads to the protection of virtual property in civil law of our country on hold back. Virtual property disputes when how to solve? How to use legal weapons to protect their legitimate rights and interests when the virtual property is violated? These are real problems, but also the problems faced by legal workers in front of the problem. The purpose of writing this article is the study on the present status analysis and theory of virtual property and provide corresponding theoretical support for solving virtual property disputes, in order to our country in the civil legislation of virtual property and the improvement of judicial protection to contribute.The topic of this paper is focus on the civil law protection of virtual property, analyzes the present situation of and the problems existing in the protection of virtual property, and draw lessons from the experience and practice of the practice of other developed countries and regions, measures of civil protection of virtual property is discussed in detail, hoping to contribute to the future of the virtual property legislation, more comprehensive and to protect the lawful rights and interests of virtual property ownership, so that the Internet is no longer a law of outer space ".The first part of the article explains the concept of virtual property and its related concepts, and discusses the necessity of the protection of virtual property. The concept of virtual property should be understood in a broad sense, that is, it is everything that exists in the virtual space, by which all of the data can be called at any time, regardless of whether it has a value. So it is more suitable for the direction of science and technology development, and meet the needs of real life. Compared with real property, virtual property has its own characteristics: virtual, value, objective existence, scarcity and legitimacy. Therefore, it is not a traditional object of real right, it is not only the object of creditor’s rights, or the object of intellectual property right, it is a kind of compound property. Virtual property should belong to the network users, rather than operators and developers. Legal protection of virtual property, to a more comprehensive protection of network consumer’s legitimate rights and interests, to safeguard the healthy development of the virtual industry, the market of network security and maintenance. In order to solve the disputes of virtual property to provide legislative and judicial basis.The second part analyzes the current situation of the protection of the virtual property law in our country, and thinks that there is a serious lag and insufficiency in the virtual property legislation, law enforcement and judicature. In the legislative aspect, at present, there is no specific legislation for the protection of virtual property, which is difficult to solve the problem of virtual property protection from the similar rules of civil law and tort liability law. In law enforcement, the lack of specialized law enforcement agencies, law enforcement mechanisms are not standardized. Law enforcement personnel business quality is insufficient. In the administration of justice, the courts at all levels of processing involving virtual property dispute cases general lack of judicial experience, use of the Civil Procedure Law who advocate who proof of principle, is disadvantageous to the consumer, the burden of proof distribution is unfair. At the same time, the jurisdiction of such cases is not clear, the cost of virtual property dispute resolution is high, the virtual property of the lack of scientific evaluation criteriaThe third part is to the world’s major developed countries and regions such as South Korea, the United States, Japan, Russia on the virtual property legislation of brief introduction and analysis, and draw inspiration to protect virtual property in our country and other countries, the virtual property legislation in our country should be self-sufficient and the actual conditions of their own countries, draw lessons from the legislative experience of other countries and, to develop in line with the national conditions of our country to protect virtual property law.The fourth part is to perfect the civil protection of virtual property in China put forward the proposal, first in terms of legislation, our country should be made about the virtual property protection special judicial interpretation, when the time is ripe, making the virtual property protection method is feasible, to cope with the increasingly complex virtual property disputes; secondly should determine the special virtual the property law enforcement authorities in law enforcement, law enforcement make reasonable allocation; finally determined in the judicial practice of virtual property disputes litigation subject qualification, jurisdiction and the burden of proof on the rational suggestions on Evaluation of the virtual property, put forward their own views, joint supervision by the Ministry of information industry and business administration the Department, by the network user, the operator and the third party combination of professional evaluation institutions, to facilitate the protection of virtual property.The social reform of our country is developing in depth, emphasizing the protection of virtual property is an indispensable part of China’s economic transition, and it is also an important measure to promote the construction of a network of the rule of law in China.