On The Legal Nature Of The Virtual Property

With the rapid development of the Internet industry,there are more and more disputes about the network virtual property.How to protect the network virtual property legally and efficiently,safeguard the legal rights and interests of the vast number of network users,and promote the healthy development of the Internet industry,it has become an important topic of general concern to the theorists,practitioners,network industries and many network users in our country.However,as the existing laws do not make clear the legal nature of this kind of adjustment object,and in theory this new field has not been accurate,detailed and qualitative,it is difficult to achieve standards and methods in practice to regulate and protect the field.There is no reliable basis for the setting of laws.Based on the current situation and problems of virtual property in our country in practice,this paper compares the mainstream theories of the property right of virtual property,takes research findings of foreign countries,Hong Kong and Taiwan area as reference for the qualitative analysis of network virtual property,analyzes the nature of virtual property and discusses the necessity and feasibility of defining virtual property as the object of information property right.It is hoped that it will benefit the civil legislation of virtual property in our country.In the first part of this paper,various kinds of disputes and prominent problems arising from the development of virtual property are expounded.In the second part of this paper,the concept of virtual property is clarified,and the basic types of virtual property are analyzed.The definition and scope of virtual property to be discussedin this paper are determined.Then,by grasping the characteristics,duration and exclusiveness of virtual property,the paper analyzes the logic and legal reasoning process of property.By analyzing the content,position and system of Article 127 of the General principles of Civil Law of the People’s Republic of China,and judging the essence of the virtual property,the civil rights of the virtual property are proved.This article 3rd part carries on the qualitative analysis to the legal nature of virtual property.Through the analysis about each kind of theory and practice all over the world of the virtual property nature,including the real property theory,the creditor’s rights theory,the intellectual property theory and so on.According to the deep analysis of all those theories and the virtual property essence,the author concludes that the legal nature of virtual property should be the object of new property right.In the 4th part of this paper,the author puts forward some legislative suggestions on the legal nature of virtual property right,mainly on the subject,object,exercise,protection of virtual property,change of publicity of the legislative model of virtual property.