Research On Property Right Law Protection Of Online Virtual Assets

Since 2010,With the innovation of smart phones and the rapid development of network technology,the Internet economy has obtained the unprecedented rapid development in our country,the network virtual property market ushered in the golden age,but under the background of development has also exposed the country to protect virtual property qualitative and does not reach the designated position.All kinds of network virtual property crime and no corresponding legal to adjust and reflect the virtual property right protection in China is not perfect,the imperfect unchecked development will seriously affect the development of network economy in our country."The general civil law" the 127 th for the first time the scope of the network virtual property in the civil law protection of virtual property in our country since officially became part of the legal system,the protection of the definition of attribute of network virtual property rights in the theoretical circle there is a larger dispute,main point of view,creditor's rights real right and intellectual property rights(IPR)said the three,and protection of virtual property has no subsequent specialized legislation on the issue,the current laws and regulations on the protection of network virtual property and insufficient,the main problems are: network virtual property ownership is unclear and there are disputes,real right change mode and uncertain,the real right of dispute,the real right claim on problems as well as the value is unknown.This article first analyzes the nature of real right of network virtual property,From the network virtual property has the characteristics of real right and the network virtual property is not pros and cons with creditor's rights and intellectual property attributes,Confirmed its "content" property and in the other country system and theory of the protection of network virtual property after experience,reflecting the virtual property right protection in China's internal problems,Combined with the actual situation of our country,about the protection of virtual property property right protection Suggestions are: to determine the different occasions of ownership,the ownership reform,confirm the total number of proof of the disputed behavior,confirm the legal nature of network virtual property in the combination of password and personal information as a sign of changes in the change mode,Improve the right of claim of real right of virtual property,the movable property admitted conditional good faith acquisition,folk comprehensive pricing standards set by the neutral agency official authorization.The conclusion of this article is that,on the basis of determining the real right of network virtual property,the necessity and feasibility of how to protect it are expounded from five aspects of real right protection.