Research On The Implementation Of Net Virtual Property In China

In recent years,with the development of network technology,a network virtual world has been rapidly formed,and in the process of rapid development,new things have emerged,such as network virtual properties such as Q coins and Bitcoin,which bring huge economic benefits to people.However,the emergence of network virtual property has also created a series of new problems.These problems mainly involve the theft,inheritance and enforcement of virtual property on the network.There are many studies on the theft and inheritance of online virtual property in academia,but regarding the enforcement of online virtual property,only Li Yunbin published in 2017 “Analysis of the Enforcement of Virtual Property in Online Games”.So far,few papers have been published on the enforcement of network virtual property.For the enforcement of network virtual property,it involves a series of issues including clarifying the concept,legal attributes,evaluation mechanism of network virtual property,and whether and how network virtual property can be enforced.At present,the existing laws and judicial interpretations have not specifically regulated issues related to virtual property on the Internet.The legislative gaps lead to uncertainty in the outcome of the court's handling of virtual property cases.The establishment of a virtual property enforcement system is conducive to protecting the interests of applicants,fully implementing the court's judgment,and preventing and resolving disputes.Since the first case of virtual property,the concept of network virtual property,ownership and other issues remain inconclusive.Network virtual property as a special electromagnetic record with network as storage medium.The electromagnetic record includes not only the information of the network itself,but also the records stored on the network and used exclusively by users.It can also be measured by existing measurement standards and is a new type of property that can be digitized.By comparing the ownership of network virtual property to players,the ownership of network virtual property belongs to network operators,which is more conducive to the development of the network industry.By analyzing the properties of network virtual property,we can see that network virtual property has seven characteristics: virtuality,term,dependency,legality,objective practicality,scarcity and exclusivity.Its types include network accounts,network virtual items,and network virtual.Currency,network electronic data and other types of network virtual property,etc.In terms of network virtual property rights attributes,it has property rights attributes.Because the network virtual property has property attributes and can be transferred and exchanged,the network virtual property can be executed.The enforcement of network virtual property should meet two conditions,that is,when the network virtual property is enforced,there should be no other types of property available for execution,and the execution complies with the benefit rules.The scope of network virtual property execution should also be limited,which can limit the enforcement of network accounts,network virtualitems and network virtual currency.Subjects of virtual property value assessment,including network operators,experts,and third-party assessment agencies supported by the government.Value assessment criteria include the cost of users' access to virtual property,market transaction prices,court auctions through judicial platforms,and socially necessary labor time.Etc.,through comparison,the assessment subject and assessment criteria that best meet the requirements of social development should be determined.The measures taken to enforce the virtual property on the network shall be subject to the creditor declaration and freezing system.Based on the particularity of network virtual property,the cooperation obligations of network operators should be stipulated,so that the people's courts can better apply the enforcement system when handling network virtual property cases.