Legal Research On Trade Of Network Virtual Property

Now,the Internet era is developing in depth,and China has ushered in the 5G era.The vigorous development of e-commerce industry and e-commerce industry has provided a hot spot for the development of network virtual property,injected a strong vitality,and also produced many problems.Nowadays,Article 127 of the latest civil code of our country establishes the object status of civil rights of network virtual property,but it can't determine its legal attribute according to it,and there is still no relevant laws and regulations as the basis in judicial practice.Therefore,the civil legal issues of network virtual property still need further study.In judicial practice,the cases of network virtual property disputes are increasing year by year,and the disputes of network virtual propertytransactions are emerging in an endless stream.Theory originates from practice,and finally guides practice.Based on the cases of online virtual property transaction disputes in Chinese judicial documents,this paper analyzes the different types of cases and judgments,and summarizes the difficulties of online virtual property transaction disputes in judicial practice.Through the analysis of the basic concept of network virtual property,the legal attribute and ownership are finally determined,which lays the foundation for the settlement of disputes.Through the analysis of theory and practice,the feasible countermeasures are put forward.The paper is divided into four parts:Chapter one,Introduction.The main content of this chapter is the research significance,research status and research methods of network virtual property transaction disputes.Keep up with the development trend of the times,only standing on the shoulders of giants can we see further.Therefore,we must first understand the development status of network virtual property and study the significance of network virtual property transaction.Secondly,it introduces the current research status of the scholars on the network virtual property rights,which lays the foundation for the research of this paper;thirdly,it introduces the research methods of this paper.Chapter two,Introduction to network virtual property.First of all,we should make clear the definition of network virtual property,analyze the definition,characteristics,transaction forms and existing problems of network virtual property.Secondly,it analyzes the differences of the legal attributes of the current network virtual property,and the disadvantages of these theories.Furthermore,under the dual system of property and debt,the real right attribute of virtual property is confirmed.Finally,the ownership of the network virtual property is analyzed,which lays the foundation for the settlement of the transaction disputes of the network virtual property.Chapter three,The types of virtual property transactions and judicial practice.This chapter mainly summarizes the current situation and existing problems of the disputes in the network virtual property transaction in the judicial practice after the promulgation of the general principles of civil law.First of all,this paper analyzes the types of online virtual property transaction disputes and the court's decisions through the Chinese judicial document network.Secondly,it summarizes the existing problems in the current judicial practice,in order to put forward solutions.Chapter four,We will improve the dispute resolution mechanism for online virtual property transactions in multiple dimensions.Based on the theoretical analysis of the second chapter,this chapter puts forward feasible countermeasures for the practical problems summarized in the third chapter.The settlement of the network virtual property transaction disputes can not only rely on unilateral strength,but also need many sides to form a joint force to promote the effective settlement of the network virtual property disputes.First,by adding new types of real right,we can determine the ownership of the network virtual property,establish the principle of real right publicity of the network virtual property,and clarify the real right protection mode of the network virtual property transaction;second,by standardizing the format terms of the network virtual property transaction platform,we can make consumers have a voice in the formulation of the format terms,and by issuing the standard guidelines of the contract format terms,we can introduce Guide the network platform to fornulate fair format terms;third,strengthen the supervision of relevant departments on the network platform operators and the network virtual property trading platform,for example,establish a credit evaluation system to ensure the authenticity and effectiveness of the credit rating transferred by the network store,so as to protect the rights and interests of consumers,and set up an official mediation platform to mediate disputes between users and network platform operators In order to strengthen the self-discipline of the industry,the network virtual property industry association should be established;fourthly,the network platform operators and the network virtual property transaction platform should be forced to improve the mediation mechanism;fifthly,the judicial judgment in the field of network virtual property transaction disputes should be guided by issuing authoritative guidance cases.