The Legal Analysis Of Zhang Mou V. Shanghai Juli Cyber Corporation The Case Of Invaded The Network Of Virtual Property

The "2021 China Game Industry Report" shows that the number of game users in my country is 660 million,and the game revenue is 296.5 billion yuan.However,from 2014 to 2020,a total of 2,194 game companies have closed down,and there are endless cases of disputes between game users and game companies about virtual property in online games..Users trade their in-game equipment in order to obtain economic benefits,and the game operator’s behavior of shutting down the server causes damage to the interests of the user who is the transferee of the game equipment transaction.Article 127 of the Civil Code provides declarative protection for online virtual property.However,it has not stipulated how to apply it in civil legal relations.The law does not have a unified judgment standard for related cases,which leads to different judgment results for related cases in judicial cases,and the case is judged but cannot reasonably protect the interests of the parties.The game equipment satisfies the right attribute of the thing,and it is the object of the property right.The user trades with the operator to obtain the ownership of the equipment,and can trade freely.The transaction behavior is the transfer of the property right ownership,which does not belong to unauthorized disposal.The transfer of game equipment between the two parties complies with the requirements for a valid legal act,and the transfer has legal effect;the "User Agreement" signed by the game operator and the game user is essentially a standard contract,which stipulates that the game equipment belongs to the operator and users are prohibited from trading.It is invalid in line with the standard clauses stipulated in Article 497 of the Civil Code and is invalid;the subject qualification of the plaintiff applies the "direct interest" doctrine,that is,the person who has a direct interest in the subject of the lawsuit and is bound by the outcome of the lawsuit is justified.The parties have the subject qualifications of the case;the game operator’ s act of shutting down the server is the game operator’s rescission of the service contract.The network service contract is an indefinite contract,and both parties have the right to contact.The operator’s rescission of the contract shall be compensated for the results of the act responsibility.