On Civil Law Protection Of Network Virtual Property

The nature of network virtual property(hereinafter referred to as virtual property)is a series of ordered digital codes.It exists objectively and has no specific physical form.It is arranged by technicians in an orderly manner and appears in different visual images after being designed,in perspective.With the popularity of the 4G era and the advent of the 5G era,the number of virtual properties is increasing in an avalanche,and the disputes involved are increasing in proportion to it.However,from the beginning of the dispute in2003 to the introduction of the General Principles of the Civil Law of the People's Republic of China(hereinafter referred to as the "General Principles of the Civil Law")in 2017,the Basic Law did not provide for this.Disputes of more than ten years were settled only by existing laws.After the introduction of the General Principles of the Civil Law,virtual property leapfrogged into the object of rights and was blessed by the Basic Law.This is the strongest prelude to the "Civil Code",but the 127 articles in which it is applied refer to other laws and regulations,but there is no provision for virtual property in other laws.Incorporating virtual property into the legal protection framework is a difficult and intractable problem in the construction of a society ruled by law.The article aims to explore the most appropriate protection structure from the perspective of the generation principle of virtual property.The main part of the article is divided into four sections:The first section: The article will define the virtual property according to the principle and characteristics of the virtual property,and will demonstrate the property rights in many aspects.At the same time,it will also give reasons for the necessity of civil law protection.The second section:describes the current state and limitation of protection of virtual property in civil legislation.At present,in civil legislation,only Article 127 of the General Principles of the Civil Law has explicitly incorporated it into theprotection category,and has played a protective role in the macro.However,this article does not stipulate specific behavior patterns and legal consequences of people,and does not propose specific dispute resolution.Approach,the issue is still on hold.The third section: Describes the status and limitations of virtual property in judicial practice.This section will list the relevant cases collected in the past three years to describe the current state of justice,and will also expose problems in practice.The fourth section:Explore the specific structure of virtual property protection in our national law.The article will propose corresponding measures for the shortcomings of the second and third sections.The purpose of this section is to ensure that the interests of civil rights subjects are fully protected and their status is respected.This is a correct practice of the substantive rule of law,and it is an indispensable attitude for China to stand in the world.