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Discussion On Solving Virtual Property Disputes

Posted on:2021-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:T Y LanFull Text:PDF
GTID:2416330629451364Subject:legal
Abstract/Summary:PDF Full Text Request
On March 15,2017,the general principles of the civil law of the People's Republic of China was promulgated,in which article 127 provides for the recognition of virtual property as a kind of civil right.However,the law does not stipulate what kind of civil rights virtual property belongs to.In the process of formulating the general provisions of the civil law,virtual property was once inclined to be regarded as the object of real right.However,due to the particularity of its legal attributes,it is still unable to make up its mind what kind of rights it belongs to.This article USES the method of case study and theoretical analysis on the legal attribute of virtual property and the main problems in practice are analyzed,found that the current domestic research on virtual property has some error in logic,the main causes of these errors is not clear why will be included in the scope of legal protection of virtual property,not start from the solution of the dispute,but simply on a theoretical analysis of a new things.Virtual property does not belong to any rights in the existing legal system,it is a new type of property rights,but the current development of virtual property is not to need to create a complete concept of rights,the existing legal system are still able to apply to the protection of virtual property,the focus of the proposed to study from the discussion of virtual property right ownership is transferred to the solution of virtual property disputes,From the current situation,the content of user agreement can be legislated,and some mandatory clauses can be stipulated.Virtual property development in the new phase formed the independent and complete concept belonging to discuss again.
Keywords/Search Tags:vritual property, real right, obligatory right
PDF Full Text Request
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