Research On The Legal Nature Of Network Virtual Property And Related Practical Issues

With the development of the network society,the virtual property of the network has appeared more and more in the people's life.Because of the particularity of the network virtual space,there are many disputes in the definition of the concept and the definition of the legal property of the virtual property of the network.Virtual property disputes are increasing and becoming more and more complicated,mainly between users and operators of network virtual property of civil disputes,third people on the network virtual property infringement civil disputes and transfer,the network virtual property inheritance of the civil disputes.These three types of disputes not only relates to the contract between the user and the operator of debt relationship,also relates to exist between the user and the third person contract debt,tort obligation and inheritance relations,legal relations in determining the actual need,the law attribute of the network virtual property should be clearly.At present about the most common theory of network virtual property including real right,creditor's rights.intellectual property rights,new type rights and non property five theories,in the same legal attribute of the virtual property have different views and focus,scholars did not form a unified legal nature of network virtual property.Say.In practice the law without the legal nature of the virtual property to make it clear that the court in accordance with the different understanding of qualitative understanding of the network virtual property has been identified as object,creditor's rights,property and other different judgments,resulting in judgments inconsistent phenomenon,even as identified as tort and contract litigation is different the same treatment,determine the jurisdiction of the civil litigation are not uniform in the case.This paper argues that first,the connotation and denotation of Internet virtual property should be clarifying,and the distinction between virtual property and entity property presented in network virtual form should be made clear.Secondly,the network virtual property need the different classification to discuss its legal attribute,for which the most common game characters and equipment can be regarded as a kind of virtual property,ownership of the property by the operator,the relative creditor signed with the operator's contract to enjoy the right to use the property based,and according to the basis of the establishment of network virtual property use,transfer and protection system for the transfer of user roles,such as equipment of network virtual property should be generally regarded as the transfer of creditor's rights and debts.For account,it can be regarded as a voucher for a relative person to request the operator to exercise the contractual obligation.Based on the control of account number,the right of other virtual property is credential,and the certificate itself belongs to the relative person to identify its identity.On this qualitative basis,we can introduce the protection system of Third Party Infringement of creditor's right to protect the interests of the user's creditor's rights.In view of the more specialized network virtual property such as Taobao shop,because it is closely related to the trade name and trademark,it should be adjusted according to the general nature of the network virtual property,and it should be adjusted by intellectual property law,commercial law and other laws.