On The Civil Law Protection Of Virtual Property

With the rapid development of Internet economy,the transaction of virtual property is increasing,and the cases of rectifying the rights of virtual property are increasing.The protection of virtual property has become increasingly prominent.Article 127 of the General Principles of Civil Law affirms the status of virtual property in the way of legislation,but this provision is too concise to operate in practice.Because of the particularity of virtual property,it has the characteristics of fictitious,value,transactional,deadline and technical restriction.The protection of virtual property in civil law should not be limited to the right of defining virtual property under the traditional dual system of property and debt.Virtual property is a new right in civil law,that is,the right of virtual property.In practice,it is difficult to determine the value of virtual property.After virtual property enters the market,the amount of its value is related to the security of the whole transaction.The value of virtual property should be determined mainly by market pricing,supplemented by the price of network operators and the opinions of evaluation agencies.The principle of liability fixation for infringement of virtual property is not conducive to the protection of virtual property.In the disputes of infringement of virtual property,network operators should apply the principle of presumption of fault and assume more responsibilities in the distribution of burden of proof.The system of compensation for mental damage should be applied to fictitious property with specific emotions.The lagging legislation of virtual property protection is not conducive to the protection of virtual property.Virtual property should choose a special legislative model,which integrates entity and procedure.