The Attributes Of Virtual Property And Its Civil Law Protection

Article 127th of the general provisions of civil Law "The law provides for the protection of data and virtual property in accordance with its provisions."As a result,virtual property is formally incorporated into the protection of the law as a legal concept.However,the definition of virtual property in academic circles is still divided,so that it brings some troubles to the study of its legal nature and the solution of practical problems.Firstly,through the interpretation of the system arrangement of the 127th article in the general provisions of civil law,and the dominant and exclusive analysis of the exercise of virtual property rights,this paper draws the conclusion that virtual property is the object of the right to carry real right.On this basis,this paper combs and evaluates the theory of the nature of creditor’s rights,the theory of intellectual property nature and the deficiency of the new theory of right.Secondly,through the concrete research of the present situation of virtual property protection,this paper classifies the disputes,takes the subject as the medium,divides the dispute into three types produced between the network user and the third person,between the network user and the network operator,and the network user,and combs out some of the most research problems:That is,the liability of the operator in the case of third party infringement,the value determination of virtual property in damages,and whether the compensation for mental damage can be applied.The discussion and regulation of these problems affect the stability of the network environment and the vital interests of the rights holders.Thirdly,combined with the analysis of the 127th article of the general provisions of civil law,coupled with the argument of dominance and exclusivity,this paper holds that the legal attribute of virtual property can be solved by classifying the real estate right into the property law system.Under the system of property law,in view of the infringement behavior of the third party to the virtual property of the right holder,we can jump out the limitation of the relativity of the creditor’s rights law and provide the relief in tort law,which undoubtedly makes the right holder get more choices in the way of relief.Online games,forums,instant messaging software in the virtual space can be regarded as a special "place",and in this "place" operators,that is,network operators and the reality of shopping malls operators are not different.Tort liability Law is liable to the branch of public places and the organizers of mass activities for causing damage by failing to fulfill their safety and security obligations.In the case of virtual property being infringed by a third party,the supplementary liability of the operator in the event of failure to do its security obligations can effectively protect the legitimate rights and interests of the right holder.In the case of tort,the compensation for mental damage is undoubtedly a special place different from the relief measures under the contract law,the virtual property is divided according to whether it has the personal interest or not,and the compensation for the mental pain of the right holder caused by the damage to the virtual property with a specific personality benefit is more in lineThis paper holds that the practical problems in the social life of virtual property are put forward from two levels of legislation and judicature,on the one hand,the virtual property is explicitly incorporated into the property law system to regulate,on the other hand,the responsibility of operators to be held accountable for security obligations,the improvement of Virtual property value evaluation Mechanism,In the specific circumstances of the injured users of moral damages and other measures to provide more ideas for the settlement of disputes.