Study On Legal Property Of Virtual Property Of Network

Since the first case of "network virtual property",the dispute of network virtual property has become more and more serious.On October 1,2017 formally implemented "the general civil law of the People's Republic of China" in article one hundred and twenty-seven of the provisions relating to the network virtual property protection more broad,and the network virtual property to hot climax.What is the legal attribute of the virtual property of the network,whether it belongs to the object of property right,the dispute is chatty.This paper starts from the "first case of network virtual property" and concludes that the dispute lies in the legal property of virtual property.Through the related analysis of network virtual property,and fully demonstrate its legal attribute by material properties,shall be used as the real right object,so as to the legal attribute of virtual property determined to demonstrate more fully.This paper is divided into the following six parts:The first part,the introduction.It contains questions,background and significance,literature review,research methods,structure arrangement and so on.The second part,"case and legal dispute." This part mainly analyzes the "first case of network virtual property" as a typical case,which only defines the virtual property of network as an intangible property in judicial practice.However,the Internet virtual property is stolen,QQ number mailbox,and taobao shop can inherit and transfer disputes,but the judicial practice does not unify the online virtual property.The conclusion is that the legal attribute of virtual property is to provide relevant protection and solve the root of the dispute.The third part is "virtual property and virtual property rights of network".This part is mainly through the theory of network virtual property,including concepts,characteristics and types.It analyzes its special features.It is pointed out that "network virtual property right" already has the right property,although it does not rise to a kind of legal right at present,but there is a lot of controversy about its legal attribute.The fourth part,namely "the network fictitious property legal attribute dispute discrimination." This part elaborates and analyzes the legal attribute theory of virtual property of the network,and considers that the network virtual property has independent economy,specificity,independence and dominance.In essence,it is more in line with property rights.The fifth part is "the demonstration of the object property of new property rights of virtual property." This part based on the investigation to the ancient Roman legislation as well as the traditional real right object recognition of France,Germany,found that the traditional limitations of the theory of the object of real right lies in the historical environment at thattime,limiting the real right object in functioning,is beneficial to maintain the integrity of the legal logical rigor and system.It is pointed out that the objective and development trend of the object of real rights tend to break through the rules of the object.As a "digital object",virtual property of the network should be included in the object of real right,both theoretically and practically.The sixth part is "the identification of the ownership of virtual property rights".This part mainly expounds the ownership of virtual property of the network and makes relevant statements about the changes of virtual property of the network.It is emphasized that the ownership of virtual property is not the same as legal property.