Theory Of Virtual Property Partition In Divorce Cases

Modern society has entered a "Internet plus" era.The use of the network has penetrated into all aspects of people's lives and learning,and has a great impact on people's lives.With the development of Internet technology,the network virtual property has become a part of people's life,and even become the economic source of people's life.Statistical report Chinese Internet development in the latest show,the scale of China's Internet users has been the equivalent of the total European population reached 731 million,more than half of the population in our country,the 20-29 age group accounted for30.3% of Internet users reached the highest.Another figure in our country,the divorce rate,has been rising steadily in recent years.National Bureau of statistics show that from 2011 to 2015,China's divorce rate rose from 2million 874 thousand pairs to 3 million 841 thousand and 400 pairs,an increase of nearly 1 million pairs.The age of the high incidence of divorce and the age of the main population of China's Internet users overlap.This is a good explanation,and now more and more couples to divorce when the virtual property of the network segmentation requirements.However,due to the existing civil laws and regulations in our country,the legal nature of virtual property has not been clearly defined.The marriage law has not explicitly rejected the network virtual property become the common property of the couple,but the divorce between how to partition the network virtual property is not available for reference of the law,the judicial organ to divorce matrimonial disputes of virtual property segmentation can not effectively deal with also can be imagined.The author based on the judicial practice,the case of court referee case into the husband and wife now divorced when competing for the main network of virtual property network shops and game equipment as the starting point to discuss divorce cases in the couple split the virtual property.The main part of this paper consists of five partsThe first part,Problems raised?introduced two cases of divorce courtfor virtual property division,the first case of divorce petition e-shops segmentation,second cases as the divorce petition to the network game's equipment segmentation.In the view of the demands of the parties in judicial documents,the author puts forward to divorce the existence of the segmentation of the network virtual property problem of the present stage,and in this article on these issues in the following content of the article to answer.In the second part,An overview of network virtual property.what is the network virtual property is analyzed;and then combined with the reality of the network virtual property,summarizes the four main characteristics of network virtual property;finally,a detailed analysis of the various theories of the legal attribute of virtual property.In the third part,the way to determine the value of virtual property network made a description.The price is the value of the currency performance,only the value of the property to explore the divorce when the division of husband and wife necessary.In the third part,The necessity and dilemma of the division of virtual property in the network when the couple divorce.the author discusses the necessity and difficulties of the division of the virtual property of the husband and wife common network.The author expounds the dilemma of the division of the virtual property from four aspects: the application of legal basis,the accurate expression of the judgment documents,the determination of the value and the way of segmentation.The division of virtual property in the network is a difficult problem in the judicial practice of divorce cases,if it is not handled properly,it will aggravate the contradiction between men and women in divorce proceedings.The fourth part,Reflections on the dilemma of network virtual property division in divorce.based on the analysis above,the fictitious property of network segmentation difficulties,expounds the network virtual property should belong to the adjustment scope of China's marriage law,the object consists of virtual property division in divorce cases the couple made,put forward how to determine the method of network virtual property value,combined with China's marriage explain the relevant provisions of the two segmentation method is proposed in the divorce cases there are virtual property division principles and reasonable protection of privacy,assessment,auction bidding...