Study On The Right Of The Virtual Property

With the fast development of the science and technology,the internet industry has emerged as an indispensable part of people's life.According to the data of the 40 th survey of CNNIC,the scale of the online-game players has steadily grown during first half of 2017.The scale of internal online-game players has reached up to 422 million Yuan and increased by 4.6 million Yuan compared with last year,which accounted for 56.1% netizens.The total revenue of China game industry were appropriately 218.86 billion Yuan,which increased by 23.1% year on year.In particular,the online games contribute the most to this industry's revenue,which grew 23.1% year on year.With such a huge player scale and strong revenue-driving ability,it indicates the virtual world is becoming the people's second life.With the development of the virtual world,the hidden legal problems gradually are exposed.The deficiency of the legal regulation drives the academic circle to ponder over what's virtual property,whether the virtual property fell into the property category,what's the legal attributes of the virtual property and how to legally regulate the virtual property right.As for these problems,the internal and external scholars and practical-circle law workers all have their own opinions.The edition of the China's Civil Code is under intense process and the virtual property has been generally regulated by <General Principles of the Civil Law of the People's Republic of China>.Thus,the legal study for virtual property is pressing.Accordingly,the writer tried to explain the virtual property theory,then,analyze the legal attribute of the virtual property right and provide suggestions for the virtual property legislation based on the Civil Code.This paper consists of 4 parts.The first part is for theory explanation of the virtual property.We began with analysis of the property,which lead to the validation of the property attributes of the virtual property.Then,the concept,range and the characteristics of the virtual property were expounded.Finally,The necessity,possibility and reasonability for raising the virtual property right to the law level were discussed in order to provide the theoretical foundation for the study of the legal attribute of the virtual property.The second part is to explore the legal attribute of the virtual property.The writer illustrated the major theories of the legal attribute of the virtual property,which covered theories of the intellectual property right,property right,creditor's right and incorporeal property.And the virtual property right was analyzed from the three perspectives of classification,content,characteristics of rights.Finally,we expounded the definition of the legal attribute of the virtual property have profound effect on the theory establishment,legislation and judicature.The third part is to analyze the protection state of the virtual property right by legislation.By comparing the internal and external virtual property right legislation state and combining with national conditions,we analyzed China's problems in legislation for virtual property protection.The fourth part is to provide suggestions for improving the study of virtual property right.First,we should have more open and comprehensive definition for virtual property right in aspect of theory.Second,In the aspects of legislation and judicature,both the separate legislation and establishment of the comprehensive judicial system are needed.