On The Application Of Network Virtual Property Protection System

With the rapid development of the Internet information industry,network virtual property emerges as a new property in our daily life,and it has brought a lot of convenience.But the legal disputes caused by the network virtual property also constantly affect the traditional legal principles.In recent years,both academia and judicial circles of our country have paid attention to the legal issues of network virtual property,and they have achieved some results.However,compared with some countries or regions outside the country,there are still some deficiencies such as the inconsistency of academic views and the incompleteness of the current status of legislation.It is worth mentioning that China’s Article 127 of the "General rules of the civil law" adopted in 2017 in respond to the question of network virtual property for the first time,and it include the protection of civil rights.However,there are still some gaps in the application of the law that concern the protection of cyber virtual property before the implementation of the regulations of the Civil Code or other regulations involving cyber virtual property.On such background,this article starts from Article 127 of the General rules of the civil law.In view of the inadequate application of existing laws and drawing lessons from advanced overseas experience,this paper explores effective ways to apply the law of typed network virtual property.In this way,I hope it can provide a modest means of law solve the current network virtual property disputes.Specifically,this article is mainly divided into four parts.The first part is the definition and legal analysis of the network virtual property protection system.Starting with the stipulation in Article 127 of China’s" General rules of the civil law "on the property rights of the academic circles in our country,and interprets the application of the law mentioned in this article.the author try to review and analyze the properties of network virtual property,the theory of claims,the intellectual property rights,the new property rights,the intangible property rights,and other major theories,which lays a theoretical foundation for the improvement of the following legal application.In the second part,through the introduction and analysis of the provisions on network virtual property in the current Constitution,the Property Law,the Contract Law,the Tort Liability Law and other laws and regulations in our country,we can find that the inadequacy of the application of the existing law on the issue of virtual property protection.The third part mainly introduces and analyzes the relevant theories and systems of network virtual property in Korea,the United States,Japan,Hong Kong,China Taiwan and other overseas countries,and study from its advanced theoretical and practical experience,in order to explore the law applicable to our country’s network virtual property system.The fourth part discusses the way of applying the typed law of virtualization of network.Basing on the previous theoretical analysis,combining with China’s judicial practice and theoretical research,learning from the experience of other countries and regions,which is to typing on the network virtual property.And the author supports the final proposes on network accounts,network virtual goods,network stores,virtual currency and bitcoin network virtual network Property-type products according to their respective attributes of the practical application of the law.