From Legal Blank To Legal Blank: Definition Of Legal Nature Of Network Virtual Property

Network virtual property is different from physical objects and traditional virtual property.This property type corrects the legal person's understanding of property.Article 127 of the General Principles of Civil Law adopted on October 1,2017 stipulates that the virtual property of the Internet is the object of civil rights,but it only serves as a declaration.The law reflects China's protection of network virtual property,but what is the virtual property of the network,whether the provision brings convenience to the subsequent judicial trial,and whether it solves the problems encountered in the previous trials is still doubtful.The body is divided into four parts.The first part introduces the concept and characteristics of network virtual property,and briefly analyzes the main doctrines and dissent of the academic community on the legal nature of network virtual property before the promulgation of the General Principles of Civil Law.The second part is promulgated as the time node by the General Principles of Civil Law.Before the promulgation of the law,the judicial trials generally refer to which laws are used as the legal basis.After that,the analysis of the 127 th article of the General Principles of Civil Law from the draft to the formal provisions,And the meaning and deficiencies of this article on the handling of network virtual property disputes.The third part summarizes the cases on the Chinese referee documents.The author believes that the court's trial ideas before and after the promulgation of the "General Principles of Civil Law" are no different.They do not make another distinction.They directly analyze the main types of network virtual property disputes and the difficulty of trial.These cases are faced with insufficient trial basis and unclear rights.And difficult questions such as value assessment.The fourth part of the author's solutions to the problems arising in the trial process,such as the legal positioning of the network virtual property,property ownership,value evaluation criteria.In summary,this article explores how to position the legal nature of cyber virtual property in order to promote better protection of such property within the legal framework.