Civil Code Legislation Protection Of Network Virtual Property

With the development of economy,the progress of science and technology,Internet technology has made remarkable achievements,as an important product of network virtual property gradually into people's horizons,to become an important part in people's lives.The development of the Internet to people's production and life brought great convenience,but then the disputes on network virtual property also emerge in endlessly.Academic and practical circles in our country in recent years,all the related issues of network virtual property to pay close attention,but judging from the present situation of the legislation is not perfect enough.In addition,the development of network virtual property itself also unusually complicated.This leads to harm the legitimate rights and interests of Internet users can not get effective protection.Against the status quo,since the establishment of the civil code is open,so on network virtual property is a new problem,this difficult problem,specific provisions of civil code of the stepped up legislation to protect is responsibility.At present,based on the complexity of the virtual property of the network,the research on the basic theories of the Chinese academic community has not yet been confirmed and unified.Among them,the legal nature of network virtual property is the most controversial.Scholars are divided on the matter,the right to say,the claim,the intellectual property.These academic controversies have led to a wide variation in the way the same cases are handled in judicial work.In accordance with the legislative model of the property right of our country,the virtual property of the network is excluded from the scope of property of the protection of the law,so that the case should not be filed.There is also the protection of virtual property as an intangible object.With the development of the process of civil code in our country,the general principles of civil law has made a rule on the virtual property of the network in the chapter of civil rights.Therefore,this paper mainly discusses the legislation protection of the civil code of virtual property.This paper will be divided into three parts:The first part: the definition of online virtual property and the necessity of civil code protection.The author think of scholars on the issue existing carefully combed,defining the meaning of network virtual property,and analyzes the legal attribute,and its characteristics are summarized,which made clear the research object of this paper and the research direction,also for the following civil law protection of network virtual property of laid a foundation.In the end,the general principles of civil law has identified the online virtual property as civil rights to be protected by civil code.Therefore,the author analyzes the necessity of the protection of civil code,and strives to provide theoretical basis for better legislation protection in the separation of civil code.The second part: the provisions and main problems of virtual property in the legislation of civil code.By the civil law general principles,the protection of network virtual property legislation process research,clear legislative ideas of legislation and the legislative tendency,grasp the civil code of rules for the problem of deficiency.At the same time,the existing problems of the legal protection of online virtual property are analyzed,and they are tried to overcome these problems in the legislative proposals below.The third part: legislative proposals for the protection of virtual property in the civil code.The civil code is divided into general and partial.At present,"the general civil law" legislation of network virtual property has the related regulations,but the author thinks that still need further perfect,for specific provisions of the civil code has not been set,the author will from the real right,tort liability,inheritance,made up of three parts the specific legislative proposals are put forward.