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Virtual Property And Its Property Law To Protect Virtual Property

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2336330512995457Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of network technology,on the one hand,the rapid development of network technology has led to the rise of the online game industry.with providing a diverse selection of online games for people in modern society live entertainment,has become an essential element of modern social life,on the other hand,the virtual network property related legislation has been in a blank state,resulting in virtual economy to the Internet as a basis for the development of related disputes about virtual property are also increasingly frequent.Because the network virtual property itself has certain use value and exchange value,resulting in frequent network virtual property theft case in the judicial practice,although the legitimate private property requirement of protection of citizens in the legislation,it is worth mentioning that in July last year the twelfth session of the twenty-first National People's Congress the meeting,But it is worth mentioning that in 2016 the twelfth National People's Congress Standing Committee on the official draft of the General Principles of Civil Law draft for the first time clear the legal status of the network of virtual property.But there are still some flaws,because although the virtual property in the network has been mentioned in the relevant laws,but little ink,but the general content and not refined.March 2017 China's "General Principles of Civil Law" finally passed,responded to this,from before and after several times to discuss the legislative attitude of the changes are all conveyed such information: In view of the network virtual property disputes and the reality of the frequent The urgency of compiling the work,even for the network of virtual property research is not perfect situation,China's relevant legislators are still in the civil law general level of its basic response,which for the follow-up to the design of specific legal rules leave room.the draft for the first time defined the legal status of virtual property.it has not specific to the virtual property protection rules regulations.The second meeting of the draft before the release of the second instance,the consideration of the contents of the virtual property deleted in the draft.The second consideration of the legal status of virtual property has been denied,in fact,for the protection of virtual property right law in the protection of property rights legislation and the concrete system design provides a new way of thinking.The first part mainly analyzes the legal attribute of virtual property.This part first analyzes the definition and characteristics of the network virtual property,and then analyzes the various theories of the legal property of the virtual property of thenetwork,which refers to the presence of online games in the currency,equipment,personas and other data.Technical limitation,time limit,value and legitimacy.Virtual property on the legal attribute of the country was once the different theory,which claims that the said property,new property as the representative,but the author thinks that in many of the theory of property law theory with protection of the network virtual property has the greatest significance.The legal protection of virtual property disputes of virtual property and virtual property legal protection urgency angle the necessity of legal protection of virtual property is analyzed,from the beneficial exploration of virtual property protection analysis on the protection of foreign virtual network property experience,in the judicial practice of our country to China's "property law" inclusive possibility of virtual property protection of the property rights law.The third part mainly analyzes how to use the law of real right to protect the virtual property of network.The first part of the use of the property rights in the protection of virtual property in the analysis of the specific ways in which centralized ownership,network virtual property of network virtual property acquired in good faith.Through the above on the protection of virtual property right analysis,hope can provide effective reference for the design on virtual property into the law and the specific legal system,the early establishment of civil law system perfect.
Keywords/Search Tags:virtual property, property attribute, centralized ownership
PDF Full Text Request
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