On The Virtual Property Of Civil Law Protection

With the rapid development of social economy, the network comes into our life. The network game appeared, players enjoy the fun in virtual world.As a result, many players in order to improve their characters level in the game, acquiring higher equipment, so they buy or sell virtual property which makes the property dispute case. But unfortunately, these cases in the reality cannot be solved well, because civil law not protects virtual property well. It embodies more controversy in theory, the legislation is not enough clearly and the judge did not know how to make the decision, all these questions need to solve urgently. This paper will divide six parts:The first part is introduction. This part solve the problems by theory and practice significance to research background of this topic and how to solve the problems in China. At the same time to analysis and discussion the structure of thesis.Finally, argument analysis the research methodology in this paper.The second part interprets character and affiliation of virtual property. Firstly, discussed the attribute of virtual property to illustrate virtual property means object in civil law. And then demonstrates the virtual property belongs to the property law in nature, so civil law should protect it. Finally, demonstrates the proprietary rights should belong to players.The third part wrote about how to protect the virtual property rights by property law. This part not only analysis legislation in other country and the reference significance to China but also illustrate how to protect the virtual property rights with property law in China.The fourth part for the virtual property of creditor’s rights protection. Tort law protect virtual property. This section mainly wrote tort law on the protection and contract law on the protection. Among them, the tort law of writing mainly focus on protection of virtual property infringement type, amount, and cannot ask for compensation for mental damage. About contract law on the protection focus on writing contract of virtual property, termination and fulfillment, as well as the default after both parties shall bear the liability for breach of contract.The fifth part for legislation of virtual property rights in our country. First wrote the problem on legislation of virtual property protection in China, then wrote the necessity of the virtual property legislation and protection in our country, finally combined with all the problems and make solution, this means that our country should better application of this type of legislation.The sixth part is conclusion.,it gives a summary of the paper, and then focus on theory and reality, Proposed reasonable proposals and hope this view can useful to protection on virtual property.