Research On The Civil Law Protection Of Network Virtual Property

With the deepening of the information technology revolution and the extensive coverage of modern information technology,people's lives have undergone earth-shaking changes,and the Internet has become an inseparable part of people's lives.By June 2019,China's Internet population had reached 854 million,up from 25.98 million at the end of2018.The Internet penetration rate reached 61.2%,up 1.6 percentage points from the end of 2018.People's use of the network has also changed greatly,the function of the network is not only to view the news,send E-mail,with the emergence of various online games,online shopping,online payment,block chain and other emerging things,the security of network information property has gradually attracted the attention of Internet users.People realize they invested in the network time,energy,or money,should also have its own status of property and damage of the relief way,to a great extent we call this thing called "virtual property",it is different from the traditional tangible property,but rather on the network in the form of a kind of can't see the scratching their existence.Whether network game equipment,the transfer of gold COINS,or weibo,WeChat,the succession of QQ and other social networking account,or account stolen after the question of whether the network operators need to take responsibility,etc.under the current law system in our country there are still certain legislation blank,it is on our country's legal research puts forward new requirements and challenges.This paper consists of five parts,which are as follows:The first part is the introduction.This part mainly elaborated the research background and research significance of the network virtual property problem,then analyzed the research status of this problem at home and abroad,and finally briefly explained the research ideas,research methods and innovation points adopted in this paper.The second part is the overview of network virtual property.This part mainly introduces the concept,types,characteristics and legal attributes of network virtual property,so as to clarify that the network virtual property that should be protected by law should have the characteristics of virtual,value and disposable.In addition,the current legislationof our country does not clarify the legal nature of virtual property,resulting in unstable judgment in practice.Therefore,this part discusses the theoretical debate on the legal nature of virtual property.It provides sufficient preparation for further analyzing the problem and putting forward relevant civil law protection measures.The third part analyzes the provisions on the network virtual property in the general provisions of the civil law of our country,and puts forward that the network virtual property should be a new kind of rights similar to but not equal to real rights,different from creditor's rights and intellectual property rights.In addition,it also analyzes some problems existing in the civil law protection of network virtual property in China,such as too general legal provisions and weak practical operation.The management of network operators is lack of clear provisions.The fourth part is the experience of civil law protection of network virtual property outside China,introduces the legislative status quo of network virtual property in the United States,South Korea and Hong Kong of China,and draws lessons from relevant experience,and puts forward enlightenment to China's mainland.The fifth part is to explore ways of civil law protection of network virtual property in our country,because the network virtual property and the great similarity of real right,and from the perspective of the property law on the protection,but also from the perspective of the tort liability act and other puts forward some Suggestions,such as enlarge the regulation range of the property law and will include the network virtual property,tort imputation principle of network virtual property,perfect the network virtual property inheritance,etc.,for the construction of network virtual property protection system of civil law to form a good supplement,also can to the relevant judicial and law enforcement to form certain guide;At the same time,it can also better enhance the awareness of netizens to maintain their own virtual property,so as to promote the maturity and perfection of the civil law protection of virtual property in China,so that even on the virtual platform of the Internet,the articles worth protecting can be fully and meticulously protected.