| On January 1,2021,the civil code of the people’s Republic of China officially came into force.Article 127 of the civil code originally said "if the law has provisions on the protection of data and network virtual property,it shall be in accordance with the provisions".It inherits the relevant provisions of the general provisions of the civil law of the people’s Republic of China and includes the network virtual property in the scope of legal protection.In fact,the so-called "Regulations" have not been implemented in place,which leads to the embarrassing situation of "no basis" in practice.In order to explore the legal protection of virtual property rights of online games,in addition to the introduction and conclusion,the main contents of this paper are as follows:The first is a brief introduction of the virtual property rights of online games.It explores the virtual property and the virtual property rights,the production process of the virtual property rights of online games,the legal attributes and ownership of the virtual property rights of online games,explores the legal interests contained in the virtual property rights of Online games,and accurately understands the basic theory of the legal protection of the virtual property rights of online games,so as to accumulate the theoretical basis for the following.The second is the current situation of the protection of virtual property rights of online games and the problems caused by it.Starting from the current situation of the protection of virtual property rights of online games in China,it is described in three parts:legislation,law enforcement and justice.It is found that there are some problems,the root of which is the lack of legislation.The existing problems can be divided into three aspects:unclear ownership,fuzzy legal nature,and different standards of value identification,which is the preparation for the following suggestions.Finally,there are three suggestions on improving the legal protection of online game virtual property rights:in the ownership issue,it is suggested to divide the ownership of online virtual property by stages to achieve the balance of rights and interests between operators and users;in the legal nature issue,it is suggested that online game virtual property rights should be recognized as new rights and protected with reference to property rights;in the network virtual property rights issue,it is suggested that online game virtual property rights should be recognized as new rights and protected with reference to property rights In the problem of value identification,we should establish a special social evaluation organization,and combine the necessary social labor time,the reasonable economic input of users and the official price of operators to ensure the fairness and authority of the value evaluation results.The volume and scope of online game virtual property are growing.We should treat this new thing with an inclusive and rigorous academic attitude,deepen the understanding of online game virtual property rights,and find out the appropriate way to protect online game virtual property.At the same time,we should build a healthy legal system to protect the property rights of online games. |
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