The Research On Legal Protection Of Network Virtual Property

With the development of the Internet,people's online life is becoming richer and richer.Virtual property emerges at the moment.Although virtual property only exists in the network,its impact on people's life should not be underestimated.The theoretical disputes and arguments caused by virtual property have become the focus of attention of academia.However,the theoretical research of virtual property is in the ascendant and the judicial practice is lawless.The research related with virtual property urgently needs the joint efforts in both theory and practice.On October 1,2017,China formally promulgated the General Principles of the Civil Law of the People's Republic of China.The object chapter of civil rights has formally established the legal status of network virtual property for the first time.Under the background of promulgation of General Principles of Civil Law and imperfect legal regulation of virtual property,this paper intends to discuss the legitimacy of virtual property as legal property.Through sorting out its basic theory and drawing lessons from foreign legislative and judicial experience,we can promote the development and perfection of the relevant system of network virtual property protection.One is to construct legal measures for the protection of network virtual property in China.It includes defining the legal status of virtual property according to the new property theory,setting up the constitutive elements of virtual property infringement and creating a compound remedy system of real right and creditor's rights.The second one is to establish the supporting measures for the protection of network virtual property in China.It includes establishing power and responsibility mechanism centered on the end-user agreement,setting up a simple and orderly dispute settlement mechanism of pre-litigation joint mediation,establishing a perfect process of electronic data evidence collection and implementing the distribution system of inverted burden of proof.Relying on fair market value standards,we build a value evaluation system of network virtual property in order to resolve a series of disputes caused by virtual property as soon as possible and effectively safeguard the legitimate rights and interests of the owners of virtual property on the premise of defining the legal status of network virtual property.