| The 21st century is the era of information technology networks. The vigorous development of network information technology has changed the structure of economic development and human life. Network information technology for human life to create a virtual world than the real world, and online games to enrich the virtual world is undoubtedly the main force. With the development of the online gaming industry, online games virtual property into a new, online game virtual property transactions has become very popular, and even some game studio specializing in network and through the sale of virtual items profit. At the same time, the network game virtual property related civil disputes as well as the growing number of property crimes, but legal protection to match it is relatively slow.Internet age, change and innovation in the legal system of property is the main theme of the entire legal system development. The emergence of virtual property is both a challenge to the traditional legal system is its property development booster. Virtual property is the property of the legal system to respond to traditional face due to interest generated by the network must be made. Moment, for the study of virtual property, not the end but just the beginning. Value property theorists about the network game virtual property is also controversial. The current research is concerned, mostly concentrated in its legal status, the nature of rights, legal protection and other aspects. This paper is divided into five parts, network game virtual property in the background as a starting point, around the concept and identity, rights categories, the subject of rights, and the rights object, transactions, disputes related to the characteristics of the legal relationship between the market players, etc. discuss issues, clearly within our current legal framework of how to protect virtual property online games this practical problem.This article first appeared as part of an overview of part of the network reduces the physical distance between people, to our lives has brought great changes. In the virtual world outside the physical world, people carried out a series of activities, can not find in the real world of joy, desire to achieve, online gaming is one of them. Many people in the network game and experience the unprecedented sense of achievement and spiritual pleasure. In the first section discusses the background and significance of online game virtual property generated, briefly describes the current status of the development of China’s online game industry, the online game consumer market development and other background information, and then spoke about China’s online game virtual property research introduced as part of academic results, and other academic background. In the second section, the author from real property protection system, maintaining harmonious and stable development of the online gaming industry perspectives talked about the necessity of online game virtual property protection.The second part introduces the concepts and features of online game virtual property. Property protection through the traditional theory as a starting point, starting from the traditional concept of property research network game virtual property to this new thing, and then the other virtual property to compare it with the present stage, trying to sort out its features. Article summarizes the network game virtual property seven features to help you more fully understand this new thing. In a certain understanding, the question had to talk about is the network game virtual property the value in itself and its causes in the market trading prices.After fully understand this new thing, the legal property of this article focuses on the third part of the online game virtual property from a legal point of view to analyze its properties. Virtual property itself is a set of electromagnetic data, is extremely special, and legal scholars since the nature of the property and virtual property rights or opinions, disagree, resulting in judicial practice related to the dispute can not be resolved correctly applying the law. This not only affects the network of economic development, but also affect the stability of the applicable law. This section focuses on the first section of online game virtual property rights category, with different sounds for theorists cut, and then on the critical analysis of different theories. Further on the online game virtual property right subject, object rights, the rights object and other issues were discussed, and finally summarizes the characteristics of this nascent property rights under the law.Everything has two faces resistance. Online games to flourish, and promote the online game virtual property transactions prevalence, but also generated a lot of disputes virtual property transactions. The fourth part practice problems starting the network game virtual property disputes are analyzed in detail, the first type of dispute was summarized, and then to the relevant transactions were legal analysis, concluded that the relevant market players in online games What are the rights and obligations of virtual property protection there.Emergence of new issues this is the source of the development of law, since the protection of virtual property and transactions related to civil, criminal, administrative law at all levels, so the development of a relatively complete network of a single law is necessary, but this is not achieved overnight. The fifth part of this paper, as the end result, that is, network game virtual property in our country under the current legal framework, such as protection. Although our law at present and for the protection of online game virtual property to make a positive provisions of the relevant legislation has serious vacancy, but based on the current legislative situation, we can learn from the civil substantive law, procedural law, administrative law, consumer protection law angle to try how to better protect it, so Mediating struggle, safeguard the legitimate rights and interests related to the subject, and promote the healthy development of the online gaming industry.We should be on the basis of the legal nature of property rights and the correct analysis of the virtual property, virtual property will be protected into the existing legal system, by expanding the interpretation of existing laws or the introduction of relevant judicial interpretations to solve specific problems, and fully reflects the vitality of the law. Virtual property and be incorporated into the legal framework of the reason why the transaction, because it reflects the interests protected by the law between people. Network economy has become essential for our future living environment, therefore, adjust its laws should also be an important part of our legal system. Therefore, this article within the existing legal framework, through the analysis of online game virtual property rights and obligations of parties to the transaction, and make relevant law applicable in order to provide a theoretical support to solve real-world trading of virtual property disputes. |
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