Legal Attribute Of Network Virtual Property And Its Protection

The current theoretical research has not yet formed a consensus on the concept of the hot issue of network virtual property.By collecting data,we can know that many researchers explain the network virtual property from two aspects of broad and narrow sense.Generally speaking,the so-called "virtual property" contains is produced in the network society,and the reality of different objects of all intangible virtual objects,such as Taobao and Alipay and other major network account,network game characters and virtual items etc..Another point of view,in a narrow sense,is the value and freely transferable property in the virtual world.Taking online games as an example,it can be divided into two levels: for the network game,the audience refers to all the freely controlled property in the game,and the online game company refers to the electronic data of practical value.In a word,the network virtual property is a property that has the domination and use value and can be disposed of freely in the virtual world.In the rapid development of the digital age,many new creatures in the virtual world can not be explained,and these new creatures have become an indispensable part of our life.So the new noun of network virtual property has come into being under the existing legal theory framework.On the surface,it is not very different from the property in the real world,but in fact,the legal concepts of the two are different.The virtual property of the network has made the existing civil law system greatly impacted.Only using the current laws and regulations can not form a perfect standard system for the virtual property rights of the network.The civil law of the information age should keep pace with the times,the civil law system needs rethinking and reconstructing.For the virtual property of the network,it should not only redefine the ownership of the real right in theory,but also need to give the basis for the product of the new era on the legislative level.In the current civil law,the understanding of things is very simple.It has non personal,objectivity,control and control.At the same time,it can provide some kind of demand of the corresponding subject,and then the material wealth of the civil subject production and life is the "thing".It can be seen from the concept that "things" must have the following characteristics: first,objectivity,should exist outside of thebody;secondly,dominant,should be controlled by human beings;third is value,should meet the needs of people's life,have value;finally,should be the body.Network virtual property has objectivity,domination and value,but it is nothing.Then,if we want to explore whether we can regulate the network virtual property as a "thing",we should first consider the question that is "thing" must be a body? To this point,the opinion of the theorists is not consistent,as the scholar Wang Mingsuo believes that the contents and forms of things are the inner elements of things and the structure or expression of these elements.However,this point of view seems to have only seen one aspect of the matter,and the deeper meaning of the intangible thing has not been explored.Until now,the theory circle of our country says that it is not limited to the entity.There is a body that exists and occupies space and has some form.It has been explained by expansion.It does not require that the body must be prepared in full shape or fixed volume,and the solid,liquid and gas are all bodies.In civil law,"things" are a wide variety,such as light,electricity,heat,information,nuclear energy and so on.They have been controlled by human beings and used in the daily life of reality.Civil law has special protection regulations on it.Therefore,legal exclusiveness and control can be things.Through the study of the Rome law,the civil code of Germany,the civil code of Japan,the civil code of Austria,the civil code of Holland and the law of security of China and the law of real right promulgated in 2007,we can know that civil law also regulates the body and regulates the non body.The virtual property of the network exists in our production and life through the tools such as computers and mobile phones.We can control it freely,so it embodies a kind of real right.It is the main thrust of this article to reveal,standardize,protect and improve the legal system.The author will take the network virtual property as the topic,generalize its definition,analyze its characteristics and related theories,discuss its property property,and discuss the necessity and feasibility of the property right according to the current legislative trend and the case of judicial practice,and further analyze its property ownership so as to think about the civil law system.This article is based on such a logical process.The second part and the third part are the key points of this article.