The Improvement Of The Enforcement System Of Network Virtual Property Under The Enforcement Reform

Network virtual property is produced by the development of network technology in recent years.It is a new property form and it has gradually developed into one of the mainstream properties of the society.With the development of the Internet,more complicated network virtual property will emerge in the future.In the field of procedural law,network virtual property has gradually entered the field of civil enforcement,with a small number of execution cases such as withdrawing anchor’s income and deducting the balance of Alipay.It indicates that the execution field has realized the enforceability of network virtual property.However,these enforcement cases belong to the original object transfer of network virtual property directly,which is mainly applied to the cases where the network virtual property is the subject of judgment.Or although the subject of the judgment is monetary rights,the enforcement does not involve the realization of the network virtual property.Therefore,even though there have been relevant cases of network virtual property execution,the cash value of network virtual property has not been paid attention to by civil enforcement work,and the difficulties in its realization have not been effectively discussed and solved.Paying more attention to the cash value of network virtual property are conductive to solving enforcement difficulties in the cases involving monetary rights.This article analyzes the enforceability of network virtual property.It sorts out the characteristics of network virtual property and the types of network virtual property that can be used as the object of execution.In the meantime,it analyzes the dilemma of using the network virtual property as the object of enforcement to pay off the monetary rights based on the case study.At the end,the article puts forward some targeted suggestions to optimize the enforcement system.There are three sections in this article:The first section is an overview of network virtual property as the object of execution.It is necessary to ensure that network virtual property is enforceable before discussing the implementation of network virtual property,and other subsequent issues can be discussed only after it is confirmed that network virtual property is enforceable.After confirming its enforceability through analyzing its legality and necessity,the article discusses the concept,characteristics and types of network virtual property,in order to define the network virtual property that can be used as the object of execution,laying a foundation for subsequent discussion.The second section analyzes the current dilemma of the enforcement of network virtual property.This section analyzes the difficulties and causes of the implementation of network virtual property,combining the relevant case study of network virtual property execution searched in China Judgments Online.The dilemma mainly includes: the execution procedure of network virtual property is chaotic under the existing execution system,the execution of network virtual property lacks the assistance of operators,the difficulties to check and control network virtual property and the unsuitable traditional method to realize the network virtual property.The main reasons for these difficulties can be summarized as the existing enforcement system can not cover the field involved in the enforcement of network virtual property and the traditional enforcement measures is unsuitable for network virtual property due to its characteristics.The third section is the suggestion of optimizing the enforcement system of network virtual property.In this part,many innovative measures and viewpoints are put forward in order to optimize the enforcement procedure and enforcement measure.In terms of procedure,it is suggested that the jurisdiction of execution should be clearly defined,the principle of economy and efficiency should be set up at the legal level,the system of assisting execution should be perfected,the price of network virtual property should be evaluated by comprehensive standards,and the system of long distance execution should be standardized.In terms of measures,the standards for providing clues of network virtual property should be lower,the network of virtual property registration with full coverage should be improved,the current established rules of auction priority should be broken,and compulsory management measures should be introduced to repay the profits in the long term.