On The Judicial Dilemma Of Network Virtual Property Dispute And Its Solution

In the era of 5G,many kinds of network virtual property emerge at the historic moment along with the product of the rapid development of information network.Looking back,after the General Provisions of Civil Law formally incorporated network virtual property into the law,the number of cases related to it has continued to rise,but the judicial status,because of the judges in the cognition of the great differences,resulting in the judicial confusion of "the same case,different judgment" from time to time.Based on this background,the author conducts research in order to provide meager help for judicial practitioners in their adjudication work.The introduction and conclusion are excluded,and the main text will be analyzed from the following aspects:In the first part,based on the online virtual property case judgment documents published in Chinese judgment documents,the author selected 220 judgment documents from 2015 to 2021 as the research object,and conducted empirical analysis from the directions of case growth trend,hearing level,types of dispute objects,and dispute focus.Summarize the current situation of judicial adjudication dilemma of network virtual property disputes,select typical cases from the data to analyze the performance of judicial adjudication dilemma.The second part,the author for the first part of the data highlighted the plight of the legal analysis and research,analysis on the current situation of legislation and blurred legislation under the discretion of the widely used to judge the impact of network virtual property,in the face of network virtual property disputes exist right attribute of academic disagreements,applicable problem such as defining the hard times,the value amount can not be sure,Through the analysis of the cause of the problem,and the current research situation of the academic field and other aspects of the theoretical analysis,to provide a theoretical basis for the next step through the scientific interpretation of the method to propose a solution.The third part,the author puts forward some solutions to the practical dilemma faced by the judicial adjudication of network virtual property disputes.Based on the analysis of several theories of rights in the current academic circle,the author puts forward the proposition that network virtual property can be classified as a new type of property rights with multiple attributes,so as to deal with the problem of the ownership of rights and the selection of right protection ways.On the basis of the clear idiosyncrasy of rights,the common character and connotation are generalized,so as to solve the problem that there are differences in the definition of network virtual property.Network virtual property damage compensation scope and value amount that different problems,can be unified compensation scope,and formed in the judicial referee users,operators,market factors,assessment agencies the unification of the many factors involved in value recognition system,in order to in the network virtual property compensation scope and value judgment on help.In this paper,the author makes extensive use of case analysis and empirical analysis to classify and analyze the cases in the sample from the perspective of judicial practitioners,sorting out several common judicial difficulties that lead to the judicial chaos of online virtual property cases,and carrying out detailed legal analysis on the causes of judicial difficulties,legislative process,theoretical disputes and so on.Finally,with the aim of balancing the discretion of the judge and blurring the legislative contradiction,and not deviating from the original intention of legislation and the core idea of rights protection,this paper proposes an operable solution to the judicial dilemma by means of scientific interpretation.However,the study of virtual property is far more than that.Therefore,at the end of the paper,the author puts forward some ideas on the construction of litigation dispute resolution mechanism and virtual property rights system,which provides the direction for the further study of virtual property.