Research On The Legal System Of Transferring The Possession Of Virtual Property

Through a case of disputing a Taobao internet shop,this paper raises three questions: 1,What is virtual property.2,How to transfer the possession of virtual property.3,How to transfer the possession of an internet shop as a special kind of virtual property.Then around these three issues,the writer collected the domestic and foreign literature and relevant jurisprudence.Then according to the document data and the writer's thinking and judgment,these three problems has been solved: 1,The virtual property is a kind of property,the right of virtual property is a kind of real right.2,The virtual property can be freely transferred within the current legal framework,but the current legal system needs to be further improved because of its unique features.3,As a special kind of virtual property,the internet shop can also be transferred,and its transferring system needs to be specially designed.Among them,the main innovation of this paper is that,in view of the particularity of the internet shop,the writer establishes a new theoretical model of its ownership:the dichotomy method.The writer separates the network domain name of the internet shop from the internet shop itself.And then we can judge the right of and the right of its network domain name separately.Of cause,we should also establish a particular system to protect the transferring of the internet shop.