Study On The Legal Attribute And Legal System Of Network Community Account

The development of information technology changes with each passing day. The Internet industry in China explode into a state of the speed of the development of even stronger. In the subdivided trade structure of the Internet industry, development of the social networking site is already fast and furious. Enterprises of internet industry operate online communities one after another. In recent years, the Internet community became a new kind of social platform out of daily life for network users. With the development of network community function, more and more people join network community, people through this platform to get more information, show personal life, communicate with relatives and friends and make new friends. Network community come up with novel social communication style. However legal disputes caused by network community account are difficult to solve. Because of the lack of legislation basis, legal disputes cannot be included under the framework of the existing legal regulatory system. Network community account as the passport for network activity, defining its legal attribute exactly became the premise term to solve the legal disputes.In order to protect virtual property legally and comprehensively, academic members attempt to insert virtual property into property right system. As a proportion of generalized virtual property, network community account has characters which accords with the legal attribute of property, but its own special features and characters has made it cannot be incorporated into property right system. Be considered as civil legal interest is more appropriate for network community account. Begins by analyzing the characteristics of network community account, this paper researches on personal interests and property interests of it. On the premise of keeping the stability of law and protecting the systematic integrality of existing property right system, this paper researches on the legal attribute of network community account, and then puts forward to utilize civil custom, principle of civil legality and method of comparison and analogy for setting up the applicable legal system for the purpose of solving corresponding problems about ownership, transference, inheritance, remedy and legal disputes involves with network community account.In the respect of ownership, the possessory interest of network community account should attributed to network users. In the respect of transference, account transactions should be allowed, this paper suggests to analogize network community account to qualified security, and use transaction rules of securities to meet the markets discipline. In the respect of inheritance, this paper grapples with the opposite point, come up with that property interests and personal interests should be the standard to distinguish the different ways of inheritance. In the respect of the remedial system, this paper presents to use distinguishing relief way on account of different liability holder. Contract law and tort liability law could provide protection to network users for their legitimate interests.