Research On The Civil Law Protection Of Virtual Property In My Country

With the development of Science and Technology,network virtual technology comes into being,thus causing traditional production and lifestyle begin to change from real space to network virtual space,trading methods begin to shift from offline to online and the mode of payment begin to change from currency to electronic one.The content and mode of online games are more complicated with the development of recharging and upgrade.When the mode of payment changes,equivalents with chips such as accounts,game equipment can become corresponding rights and service.Therefore,they enjoy similar property attributes to some extent.Based on the fact that the equivalents enjoy the nature of property,I regard objects of social relations that users have in virtual space as virtual property.Because users pour a lot of time,money and emotion into these equivalents,we should protect them.As far as the laws and regulations currently in force in our country are concerned,the related problems of virtual property are not yet clear.Among all the laws,only Article 127 of the General Principles of Civil Law provides protection of these virtual equivalents similar to property.However,the concepts and basic legal attributes of such equivalents have not formed a unified view,thus not only seriously leading to the embarrassment that legislation can not be unified,the problems of such equivalents are uncertain in nature,difficulties to assess in value and unclear in definition of ownership in judicial practice,but also bringing about the difficulties in dealing with the conflicts on these equivalents.Virtual property exists objectively,not imaginatively,so we should admit its property attributes at first.When virtual property is traded as a thing of value,disputes over the value of property are unavoidable.At present,there is no special law on virtual property in China,so current laws haven't made clear and unified norms on value determination,division of power and responsibilities and burden of proof.And these problems are the facts that judicial office has to face when it deals with disputes on virtual property in the absence of compliance.Although they can be solved based on similar understandings of relevant laws in judicial practice,the judgement lacks authority and professionism.Therefore,promulgation of unilateral laws and regulation on protection of virtual property,establishment of a virtual property assessment system,foundation of a special Judicial Body for disputes on virtual property,the standardization of burden of proof and establishment of virtual property valuation institution are important and necessary.Undoubtedly,making laws and regulations from Legislative level and improving measures from Judicial level can offer powerful evidence and solutions in the judicial practice of dealing with disputes on virtual property,thus realizing reasonable and orderly civil law protection of virtual property.