On The Legal Attribute Of Network Virtual Property And The Protection Of Civil Law

With the rapid development of China's social economy and the continuous progress of Internet technology,people can carry out more activities through the network and create a virtual network world that is very similar to the real world.Virtual world creates a similar economic model by imitating people's transaction activities in the real world,and network virtual property emerges as the times require.People sometimes use the money funds in the real world to deal with all kinds of transactions in the virtual world,so the trading market fully reflects the transaction value of the virtual property on the network.Under the above background,the network virtual property,whether the kind or the quantity,continues to increase,and the transaction and application of virtual property on the Internet also breed a lot of social and legal relations.Because of the demand of the economic market,the network game is popularizing and rising rapidly.The network game is also called cyber games or the online game.It mainly runs with the help of the network,and people from all over the world can participate in the games.This allows people to experience more enjoyable forms of entertainment.Online games mainly imitate the real world,but they can realize many scenes that the real world can not realize.In other words,online games are virtual scenes of the real world.According to statistics,by the end of December2017,the number of Internet users in China had reached 772 million,of which nearly441 million were involved in online games,and the overall profit of online games in China up to hundreds of billions of yuan.One of the most important activities in the economic and industrial chain of network virtual property is to trade game props or equipment for profit.Civil disputes and even criminal cases related to this have sprung up in endlessly.However,there has been no explicit legal content in this area in our country.Before 2017,the legal content in this area was almost blank.Until2017,article 127 of the newly adopted General principles of Civil Law pointed out,The virtual property should be protected according to the relevant provisions of the law.This is the first time that the law of our country to the protection of network virtual property provisions.It is beginning to attract the attention of many legal professionals about the protection of network virtual property by Law.However,the academic community has not yet formed a unified view on the legal attributes of network virtual property.This brings difficulties in dealing with problems related to network virtual property in practice,and also creates obstacles to the protection of the rights of Internet users in our country.At present,the most important thing is to quickly establish and improve the legal documents related to the virtual property of the network.The legal content adjustment usually goes through a long process,so the lag characteristic of the law is very obvious,but the time of the network virtual property renewal is very fast,so whether it is the legal content aspect or in terms of socio-economic benefits,it is necessary to confirm the legal status of network virtual property as soon as possible,not only to perfect the traditional legal content,but also to ensure the related rights and legal interests of network virtual property.By analyzing the relevant legislative experience of foreign countries and combining with the relevant domestic legal practice,this paper clarifies that the legal attribute of the virtual property of the network belongs to the creditor's rights.Through the adjustment of contract law and tort law,the civil law protection of network virtual property is sorted out,and the theory of intentional infringement of creditor's rights by the third party in tort liability is analyzed,and the management method in accordance with the reality of our country is worked out.In order toprovide reference for our country to draw up the relevant legal content,it is suggested to classify virtual property in civil law by means of legislative interpretation when solving the disputes of network virtual property infringement.This paper mainly takes online game props in the network virtual property as the research object,analyzes them from three parts,clarifies the legal essence of the game props,and then summarizes the civil law safeguard measures to protect the network virtual property.In the first part,due to the increasing number of disputes over network property,the concept and types of virtual property are clarified,and the expression and significance of virtual property are briefly introduced.This paper probes into the necessity of forming the interests of virtual property and bringing them into the protection of the existing legal system,which lays the foundation for the following clarification of its legal attributes.In the second part,by comparing the domestic and foreign legislation and judicial status,the author analyzes the legal attributes of virtual property from the aspects of property right,intellectual property,new property and creditor's rights,and clarifies the property of virtual property belongs to the creditor's rights.The third part,analyze the disputes caused by the network operators and network users,and the disputes caused by the theft of game props by the third party.This paper sums up the civil legal measures to deal with the disputes of virtual property in network from the two aspects of breach of contract dispute and tort dispute in order to prevent or resolve the infringement of online virtual property and to create a stable and secure environment for the development of online games.