Research In Legal Problem On Virtual Property

Firstly,based on the investigation of the phenomenon of virtual property,the author defines the connotation of virtual property as the property electromagnetic record which exists in the network and has realistic measurable value.It has the characteristics of property and network.Secondly,by reviewing the legislative process of General Provisions of the Civil Law,and combining with the analysis of different scholars' views,it is concluded that the virtual property is reasonable as the object of real right.Thirdly,it clarifies the ownership of virtual property,and focuses on the legitimacy and feasibility of network users as the ownership of virtual property.Thirdly,this paper analyzes typical cases of virtual property with the method of interest measurement,and extracts relevant institutional interests: to establish and maintain the order of network space,it is necessary to regulate the abuse of rights of network operators and protect the legitimate rights and interests of network users and consumers.Finally,starting from the institutional interests,this paper discusses the legal protection of network operators and network users' virtual property,and finds that network operators can achieve comprehensive self-protection through EULA,while the protection of network users' virtual property depends on the implementation of network operators' security obligations and the establishment of network consumer rights protection system.And for the network users of the virtual property of the legal remedy path,specifically put forward the application of the claim of real right confirmation and the claim for damages.