Legal Attribute Of Virtual Property And Its Civil Law Protection

In modern society,the Internet has been developing unprecedentedly,opening up a virtual world that is independent from reality but closely related to real life.Not only it impacts our way of thinking,but also slowly changes our way of life Life,entertainment,learning,and work in the virtual world have become an important part of modern life.At the same time,the popularity and development of this emerging lifestyle has also spawned a new set of contradictions that impact the existing legal system.In front of virtual life,the phenomenon of the failure of legal adjustment has caused many scholars to ponder:What is virtual property?Can it be a "property"?What is the legal property?How can the law effectively adjust the legal relationship that breeds?For these issues,domestic and foreign scholars have different opinions.The theoretical circles mostly use the theory of civil law to explain the nature of virtual property,while the judicial community pays more attention to the lack of legal norms.The main purpose of this paper is to analyze the positioning,determine the applicability and construct the appropriate legal system.According to the combination of theoretical research and trial practice,analyzing from the case of judicial adjudication,the author summarizes the disputes between the legal status of the virtual property and the legal property identification from the judicial case,and makes a conclusion that the positioning of the legal attribute of the virtual property of the network is the root of resolving disputes.Secondly,this paper expounds the concept and main features of virtual property,focusing on the demonstration of its property rights.In the following,the legal property of virtual property is analyzed.Through the exposition and analysis of the theory of legal attribute of virtual property in detail,it points out the view that it should belong to the compound new property right.Finally,through comparative analysis of the regulation of the status quo of virtual property rights at home and abroad,the legislative and judicial recommendations are proposed.