The Improvement Of The Network Virtual Property Legal Protection Mechanism In China

The twenty-first Century is the era of big data Internet,new cases emerge in the legal system of our country's has become a new challenge.At present,there is no define in law for the nature of network virtual property.There are four views in the academic circles,namely,the theory of real right,the theory of creditor's rights,the theory of intellectual property and the theory of new property.In addition to the claim,the other three theories can not be fully justified.The author will refute one by one in this article.In judicial practice,the network virtual property in civil disputes,in accordance with the "property law" due to the network virtual property as evaluation and relief,as the formed network service protocol based on the contract debt,the general will protect the virtual property in the network virtual property in criminal cases,theft or violation of existing communication free crime case.The network virtual property as a new thing in have partial property rights such as appearance,disposable,exclusive and so on,but did not change the network virtual property in essence is a kind of credit based on the contract relationship,is essentially a network service provider network according to the service agreement to provide users with services,after all is contract debt.The author intends to analyze the nature of network virtual property,virtual property from the aspect of civil,administrative and criminal protection of the status quo,analysis of domestic and international network of virtual property in judicial practice of our country,and improve the protection mechanism of network virtual property are discussed,such as the network virtual property can be applied to China's "Inheritance Law",the network virtual property the applicability of the tort liability law,and proposed the establishment of the network virtual property value evaluation mechanism,perfecting the legislation and the judicial system of the network virtual property,better protection of Internet users and operators of the legitimate rights and interests,and promote the healthy development of the internet.