| With the popularization of Internet technology,the number of Chinese netizens is increasing,reaching 1 billion by June 2022,with various Internet applications and endless online disputes.Since the virtual property of network has come into public view,its discussion heat has been lingering for a long time,and the contradiction between increasing disputes and lagging law is becoming increasingly prominent.At present,only Article 127 of the Civil Code has a general provision on online virtual property,and the majority of relevant rules and policies.The current legal situation is no longer enough to deal with practical disputes,and citizens’ awareness of safeguarding their rights is enhanced,so it is urgent to formulate a complete legal system.This paper mainly adopts case analysis and literature analysis to study the topic of this paper,makes statistics on the types of online virtual property cases in the judgment document network,and summarizes three typical cases of online games,online shops and virtual currency.Starting from these three cases,this paper analyzes the problems existing in the disputes of online virtual property sales contract.The first is the legislative issue.The provisions of the Civil Code are too general,and other laws and regulations are insufficient to deal with the judicial practice,which leads to the inability to rely on the judicial judgment,and the phenomenon of different sentences in the same case exists in large numbers.The author puts forward the improvement of network virtual property related laws and regulations from two angles of substantive law and procedural law.Secondly,the attribute of network virtual property is unclear,mainly has the real right and creditor’s rights dispute,after analyzing the characteristics of network virtual property to determine the real right attribute.For the purpose of balancing the relationship between operators and users,the dichotomy method is adopted to determine the ownership of network virtual property.Operators enjoy the initial network virtual property rights,while users enjoy the derived network virtual property rights.Finally,the paper puts forward countermeasures against the inequity of network service agreement,pursues the procedural and substantive fairness of network service agreement,broadens the channels for users to participate,and clearly stipulates the legal obligations of the dominant operators. |
