The Legal Attribute Of Network Virtual Property And Its Protection

With the rapid development and popularization of computer network, resulting in a wide variety of new things. Virtual property is one of the new things with the network development generated. However, the development process of new things is not always easy, virtual property is also true, and associated legal disputes occur repeatedly over the years. For cases of violations occurred when the network virtual property, virtual property infringement cases are also increasing. Virtual property as a valuable property, the law had failed to guide, protect, when disputes occur, China should introduce appropriate legislation to deal with increasingly frequent network virtual property disputes.How virtual property legislation to protect new issue is progress and popularization of network technology, computer generated, now the legal property of virtual property and virtual property are protected by law how there are many different opinions. The law provides for the protection of virtual property is still lacking, facing the Court was unable to follow the situation in the trial of the virtual property disputes, resulting in about virtual property dispute cases not timely and effective treatment, the rights of victims of virtual property is difficult to be maintained, the long run, detrimental to the development of the network industry. Therefore, the protection of virtual property in urgent need of legislative proposals and specific methods proposed to make the definition of legal attribute of virtual property to make up for the current lack of status of virtual property protection as soon as possible.In this paper, by analyzing the concept of virtual property, features, and legal theory attributes the problem, under the type of network environment easy to produce the relevant network property disputes, make analyzes and propose countermeasures proposed network virtual property protection Some legislative proposals. This paper is divided into three chapters.The first chapter demonstrates the origin and development of virtual property, concepts and features.The second chapter discusses the properties of the virtual property laws all the doctrines and assessment, presented my point of view, I believe that virtual property laws more in line with property claims. Property attribute doctrine of related virtual property are: denial, said that the nature of virtual property is an electromagnetic record, not property law, there is no need for protection; property, said that the virtual property has its value, and is the property in the legal sense, It shall be protected by law. I believe that the property in the legal sense has its specific characteristics, can not become the property law, the key lies in its ability to meet the legal sense of the property elements: First, the value of; the second is scarce; the third is legitimacy. As long as they meet the above requirements is property law. And virtual property can meet several requirements described above. Therefore, the virtual property is the property law, has its value property.Property law includes not only property rights, as well as claims and intellectual property. The scholars attribute of virtual property laws have a different understanding of the main theories are: intellectual property rights that the intangible property, said property rights that Debt said. In this regard, I believe that the virtual property characterized as object of real right is inappropriate. Traditional real object is an object, the man you want to be independent and to be dominated, to be exchanged using the principles of Public Credit, the parties shall not create any property rights. From the above point of view, it can deny virtual property is the title object. At the same time virtual property rights are not the object of intellectual property, intellectual property rights have exclusive proprietary, regional, duration and other characteristics, and virtual property does not have these features. Virtual property should not be recognized as intangible wealth, intangible assets, the legal concept itself is too vague and broad, academic understanding of the intangible property is no unified point of view, the virtual property attributed little practical significance, but not conducive to the protection of virtual property. The author’s view is that the virtual property identified as a voucher claims, reflecting the credit relationship.The third chapter presents legislative proposals to protect our network virtual property. This chapter first point out why that is the need to protect virtual property, and then analyzed in a network environment, some network prone to virtual property disputes types and response recommendations. Finally, legislative proposals to protect virtual property.