A Case Study On The Legal Disputes Of Network Virtual Property

The Internet has penetrated into various fields of economy and society.We are not only the users of the Internet,but also the builders who promote the richness and innovation of the Internet world.The network virtual property is one of the construction achievements,however,its emergence also brings many problems.In the field of Internet,the network format contract formulated by the operator unilaterally becomes the most common form of user agreement,which aggravates the power imbalance between the operator and the user.Punishment clause,which limits the user's use behavior and puts the user's rights in uncertainty;ownership clause,which is called "maintaining order",is to pursue profit maximization actually.However,the user will "vote by feet",which makes online account transaction and online store transfer become a common phenomenon.Due to the lag of the legal system and the complexity of the reality,many disputes at present have not been properly resolved.Therefore,in-depth study of the judicial cases in the field of network virtual property is necessary to promote the settlement of contradictions,the progress of the legal system and the development of society.In the legal disputes of network virtual property,the disputes between users and the third party about transaction behavior and the disputes between Internet companies and users about operation behavior are the most common.The nature of the rights of network virtual property is a common problem in dealing with related disputes,and the rationality of punishment behavior adopted by operators is the core issue in the disputes between users and operators.The nature of rights of network virtual property is different in different legal relationships: in the service contract relationship between users and operators,it is creditor's rights,and in the transaction process between users and third parties,it is real rights.Therefore,the right nature of Taobao shop in the dispute of Taobao shop sales contract between Wang and Zhou belongs to real right,while the right nature of Netease account and virtual property in the dispute of network tort liability between Dai and Netease Leihuo Company belongs to user right.The rationality of punishment behavior of operators to users can be analyzed from the application of punishment terms,punishment methods,follow-up processing and punishment scope.There are unreasonable points in Netease Leihuo company.From the current legal disputes,the protection of network virtual property needs to be further strengthened,which can be carried out from three aspects: modifying the current civil law,expandingthe scope of administrative supervision,and refining the value evaluation system.