Research On The Legal Attribute Of Virtual Property

The legal attribute of virtual property is the starting point of the construction of the legal relationship of virtual property,and it is an unavoidable problem in the related research of virtual property.The most crucial link in judging the legal attribute of virtual property is the cognition of the concept of virtual property.Because of the different understanding of the concept of virtual property,different scholars have different judgments on the legal attribute of virtual property.Starting with the formation mechanism of virtual property,this paper analyzes the relevant elements of the technical and social aspects of the formation of virtual property in order to clarify the conceptual consensus of virtual property,that is,virtual property exists in cyberspace,information that is carried by data and "controlled" by a particular user.Virtual property,as the information which is carried by data and controlled by specific users,has five obvious characteristics: virtuality,controllability,duration,transactility and value.Secondly,on the basis of the common understanding and obvious characteristics of the concept of virtual property,the author analyzes the new theory of right and the theory of real right about the legal attribute of virtual property.Specifically speaking: First,the new right that the virtual property is special enough to make it become a new property.The problem with this view is that it exaggerates the particularity of virtual property,which is in the "transitional area" of the object of rights,which results in its different characteristics from property rights and creditor’s rights,but this kind of particularity is not enough to make it go beyond the system of "debt and property dichotomy" and exist as a new kind of right alone.Secondly,the theory of real right considers that virtual property belongs to property in nature and the right established on virtual property belongs to real right.The problem with this view lies in the wrong understanding of the nature and form of expression of virtual property,which has a specific form of expression,but does not mean that this form of expression is virtual property itself,the similarity between the characteristics of the virtual property and the real property does not mean that the real property of the virtual property is not the real property.Thirdly,it explains the rationality of judging the legal attribute of virtual property under the path of creditor’s rights theory.The theory of creditor’s rights starts from the social level of the creation of virtual property,and turns its attention from the virtual property itself to the service contractrelationship behind the virtual property,the author holds that the virtual property is the service behavior to the users and the credential to the network service providers.The definition of virtual property as service behavior is in line with the concept consensus of virtual property in the process of virtual property formation,and can better solve the problem of judging the legal attributes of virtual property.Finally,as the object of creditor’s rights,virtual property can establish a complete legal relationship on the basis of it.To systematize the interpretation of the existing relevant laws through legislative and judicial interpretations,to make some adjustment provisions to the existing creditor’s rights rules,and to standardize the problems that urgently need to be solved at the present stage,in order to solve the ownership of virtual property rights,rights changes,rights relief issues.