The Civil Law Protection Of Network Virtual Property

In March 15,2017,the five session of the twelve National People's Congress of China,the 127 article of the General principles of civil law of the people's Republic of China clearly stated that data and virtual property were protected by the law.Although it is an extremely short sentence,its importance is self-evident.The virtual property of the network has been determined as a form of human property,which has its value.With the change of social and economic conditions,human property is no longer limited to physical or intangible.And the data and network virtual property will be presented in front of people in different forms of property,changing the way people live.This article of general principles of civil law is the portrayal of the progress of the law.At the same time,There is no relevant legal system for the protection of virtual property in the general principles of civil law.Although there are relevant laws and regulations for cyberspace and network environment safety,there are no relevant laws and regulations for the definition and evaluation of virtual property.For example,a series of practical problems,such as the value identification of virtual property of the network,the burden of proof of both parties and the application of compensation for mental damage in the case of disputes,all need The provisions of relevant laws.The lack of law makes courts often get into trouble in cases of related virtual property: the law lacks the relevant guidelines in the face of this problem.When dealing with this problem,a judge needs to explain and confirm the rights and attributes of the virtual property,and then try it on the basis of this.It not only leads to the extension of the trial time,but also reduces the efficiency of the trial.And because of the court's understanding of the relevant virtual property is not uniform,,so that the outcome of the trial is not consistent,and even a "Different sentence with the same case" phenomenon,seriously affect the impartiality of the court.In addition,the uncertainty of the results of the trial will affect the development of the network industry.Therefore,it is necessary to improve the relevant legislation of the virtual property of the network and Determine the property of the virtual property.In order to improvethe current situation on the imperfect protection of virtual property.In this paper,the properties of network virtual property are discussed and to make some discussions on the legal protection level,so as to give some suggestions to the judicial practice.This article has five parts.The first part is a brief introduction to the virtual property of the network.It is the concept and characteristics of the virtual property of the network,respectively.The second part is mainly about the identification of the rights and attributes of the virtual property of the network.Then I put forward his own views on the various theories and discussed their own views.The third part mainly introduces the current legislative status of network virtual property in different countries and regions of the world.The fourth part mainly discusses some of the main disputes in the current judicial practice.The fifth part mainly discusses how to improve the civil protection of network virtual property,and puts forward suggestions for our legislation on Internet virtual property,so as to provide solutions for the related virtual property disputes and processing in China.