The Protection Of The Virtual Property In The Online Game By The Civil Law

In recent years,the disputes of online virtual property becomes a hot spot in the real world.With the rapid development of computer technology,the disputes frequently occur of virtual property of online games,which indicates that virtual property from virtual world to the real word,and moved into the judicial field.Up to now,the research on virtual property of online games protection at China and abroad has achieved remarkable results.However,no country has adopted legislation to clarify the protection of virtual property in online games.Due to the differences in the legal nature of virtual property in online games and the fuzzy treatment of virtual property in the judiciary,it is a rigid demand to establish an effective legal protection system.This paper discussed the existence environment and features of inspiration in online games of virtual property,summarized the types of virtual property and the characteristics of virtual property,and combined with the theory of network virtual property,the paper analyses the problems existing in the legal system to protect virtual property,and finally put forward the solutions and legislative suggestions,in order to solve current problems of virtual property protection.In addition to preface,this article includes six parts in total.The first part: Overview of virtual property of online games.This part introduced and analyzed the existence environment,generation mode and type of virtual property.Furthermore,the characteristics of virtual property are summarized.The second part: The second part: the attribute and ownership of virtual property in online games.This part analyzes the agreement between the property attribute of network virtual property and real right theory,creditor's right theory,copyright theory and new property right theory,and analysis of ownership of virtual property in online games.The third part: The necessity of the civil law protection of virtual property in online games.This part combines many doctrines to explore the possibility of virtual property from virtual reality to reality in online games,and analyzes the urgent need for civil legislation protection of virtual property in online games.The fourth part: The conflict between the legislation of virtual property and the reality in online games.This part analyzes the existing legislation of the lack of virtual property protection,summarizes and analyzes the judicial practice of network virtual property common forms of disputes.The fourth part: The civil law protection method of virtual property in online games.This part draws on the protection of virtual property by regions outside the region,and analyzes the incompatibility between the protection rules of property law and virtual assets in online games from the perspective of legislation and judicial practice,and the degree to which the protection of virtual assets in online games can be moderated by claims protection rules.The sixth part: The legislative suggestion of virtual property in network games.The last part deals with the legislative protection of virtual property in network games from two aspects.According to the characteristics of virtual property disputes in network games,this paper puts forward some legislative proposals from defining the security of network game operators and have the assistance of the obligations.