Research On Civil Law Protection Of Network Virtual Property

With the rapid progress of computer technology this era,the network industry in many countries is becoming important,its contribution to the development of social economy is increasing,the network industry as a new thing is drawing more people's attention.At the same time,the network virtual property,the new things also produce.New things will always face tortuous path,the number of disputes on network virtual property showed a rising trend over the years.But because the law of the hysteresis,the legislation of our country does not exist today in view of network virtual property,this makes many holders' rights can not get effective guarantee.How to legally and effectively safeguarding the Internet virtual property,and safeguarding the legitimate rights and interests of Internet users,and promoting healthy progress of Internet industry has already become our country academic circle and practice circle,the Internet industry,and many Internet users positive recognition and attention.In order to more effectively ensure the user's legal rights,make up for the legislation defects,we should accelerate the process of research on the theory of virtual property,and on the basis of the related results to improve the network virtual property law guarantee system in our country.The article is divided into four parts to discussing about how to solve the problem,the first is an overview of network virtual property,which covers production,concept and characteristics of virtual property,the necessity of virtual property protection.Next,we set its legal attribute,mainly introducing the current academic circles of the real right,creditor's rights,intangible property,the new property four main theories,and carries on the evaluation,expresses the author's point of view.Then,the paper expounds the present situation of the virtual property protection in China,analyzes its existing problems.Finally,the article analysis outside of the provisions of the civil law protection of virtual property,mainly involved in South Korea,the United States,Japan,in the study of the above areas of network virtual property and current situation of legislation on the basis of comparative analysis,this paper expresses some suggestion.