Research On The Legal Issues Of The Internet Virtual Property Protection

Internet virtual property first appeared in the public eye in 2003,and now it has officially become the legal protection object of under article 127 of the General Rules of the Civil Law of the People’s Republic of China.However,there are still a large number of internet virtual property disputes in judicial practice,this phenomenon not only means that the public is gradually aware of the need to protect the internet virtual property through legal weapons,but also means that the existing laws have not formed a complete internet virtual property protection system.The thesis uses literature analysis,comparative analysis and case analysis.Firstly,the thesis lists the meaning,characteristics and the typical forms of Internet virtual property in reality.Secondly,based on the current situation of legislation and real cases in China,the thesis summarizes the existing problems in China and pertinently makes reference to the useful experience of other countries and regions.Finally,the thesis puts forward positive suggestions on the problems of ownership,legal nature,inheritance,and value evaluation of the internet virtual property.In the ownership problem,the paper suggests that the ownership should be divided into stages to balance the rights of operators and users.In the issue of legal nature,the paper proposes to put the internet virtual property into the scope of the real right and provide the protection method of property real rights protection.In the inheritance problem,based on the useful experience of the United States,the paper proposes to establish a Chinese-style “three-tier processing system” and clarify the real identity of the heir and the decedent through the real-name system.In the problem of value determination of internet virtual property,the paper suggests to establish a special social evaluation institution,and combine the necessary social labor time,the reasonable economic input of users and the official price of operators in order to ensure the fairness and authority of the value evaluation results.