The Empirical Analysis Of Virtual Property Protection In Network Games

This article references the case of 2009-2016 relating to the virtual property of the network game player,establishes database,statistic and analyzed by statistic software,and then summarizes the different viewpoints on the judgment of virtual property of network games in today's judicial practice and common law problems.And the author put forward perfect path selection through the normative analysis,referencing to the academic point of view,the practice of foreign legislation.The first part mainly introduces the theoretical basis of virtual property of online games.It begins with the summary of the development process and trend of online games through the data analysis of online game industry and player scale,so as to demonstrate the research value and theoretical significance of virtual property of online games.Then,the concept of virtual property of network game is defined,based on the concept of network game and the definition of virtual property.The second part is the overall inspection of the judicial referee of the virtual property of the online game.It starts with the introduction of the sources of empirical analysis samples,the establishment of the empirical analysis database and the statistical tools used in the data processing.Then the time and space distribution of the case were summarized,found that the referee's case has been increasing sharply in the last three years.It means that the players' attention to the virtual property and the awareness of their rights are increasing,And from the regional distribution characteristics of the referee cases,it is concluded that the number of virtual property cases in the network game has a positive correlation with the level of economic development.Then the analysis of the amount involved in the referee's case shows that the value of the virtual property is generally high,which means that the virtual property is becoming the player's personal property,which highlights the research value.Finally,through the statistics of cause of action,it can be summed up into five categories.The third part is mainly to explore the problem of the protection of virtual property of the network game.First,by summarizing the sample of the legal nature of the online game virtual property,it discusses the differences between the "object of creditor's right" and "the object of real right" in judicial practice.Second,in the judicial documents held the view of "the object of real right",it is found that half of it considers that the ownership of the virtual property belongs to the game operators,and the other half is considered to belong to the players.So there is also a big controversy about the ownership of the ownership of the virtual property in judicial practice.Third,in judicial practice,there is a big difference in the view that game operators have the right to restrict the free trading of virtual property.Fourth,in addition to the user account cases in the sample statistics,the extremely unreasonable phenomenon were found,which is that the game operators closed most user account without notice,providing evidence and opening game player penalty appeal relief channel.Fifth,through the analysis of the sample,it is found that there are some problems in the judicial practice that the compensation rules of virtual property are not clear and the mechanism of value evaluation is missing.Sixth,through the analysis of the legal basis and law basis involved in the referee case,the author finds that there is a lack of the specialized legal system in the protection of virtual property of online games.In the fourth part,the author puts up the logical analysis and path selection of virtual property protection for online games.It begins with an exposition of the differences of views of the judges in judicial practice.Then it puts forward logical analysis of network game virtual property protection using the method of normative analysis,referencing to the academic point of view,learning from foreign advanced practice research methods,and so on.Finally,the author proposes the way to protect the players who are in a disadvantaged position.First,clearing that the virtual property of online games is a real right,and the ownership belongs to the game players.Second,denying the act of game operators unreasonably restricting the behavior of players to trade virtual property.Third,the legal obligation should be established that when the game operator is going to close the user account shall inform,provide the basis for the punishment and open a complaint channel for the players.Fourth,using the discriminative compensation rules of virtual property and establishing a reasonable value evaluation mechanism of virtual property.Fifth,the construction of specialized legal system should be put on the agenda as soon as possible.