Research On The Judgment Of Hard Cases Of Network Virtual Property

Difficult cases are an old legal problem,and there have been many ways to deal with it in jurisprudence.However,under the background of Internet technology,many new Difficult cases have emerged,and Difficult cases involving virtual property on the Internet have occurred more frequently.Civil Code stipulates the legal protection of network virtual property,but how to protect it and how to define the scope of network virtual property are not stipulated.The academic circles divide the network virtual property into virtual goods,virtual account and virtual currency.This paper will also discuss and study these three types of network virtual property.First of all,the difficulty in adjudication of difficult cases involving online virtual property is mainly divided into two parts: the difficulty in the cases involving online virtual property caused by the lag and uncertainty of legislation;and the problems that often arise in the trial practice of three types of online virtual property,such as virtual currency,virtual goods and virtual accounts,and the different determination of the ownership and value of online virtual property in the cases involving virtual currency and virtual goods.The results of adjudication of the same type of cases are quite different,and the account ownership and inheritance of virtual account cases are difficult due to the fact that there is no available basis and there is no corresponding mechanism.Because of the huge controversy on the private nature of virtual property,judges often avoid the private nature of virtual property in judicial practice.The traditional system of dividing property into debt and property has not been able to explain the virtual property very well.This paper puts forward the viewpoint of constructing new property right,defines the network virtual property as the object of protection of new property right,analyzes the feasibility and basis of establishing new property right,and puts forward the construction mode of intellectual property right to construct new property right system.As a new thing,network virtual property can learn from the experience of other countries or regions on the basis of the study of our country.After collecting the relevant information and similar cases from abroad,it is found that the United States and Chinese Hong Kong have rich experience in the judicial protection of network virtual property,and can learn from others,learn from the judicial methods thereof,and adapt to the judicial protection mode of China’s national conditions,so as to better protect the legitimate rights and interests of users.Finally,this paper puts forward a viewpoint of reconstructing our country’s network virtual property,and according to the characteristics of network virtual property,analyzes and summarizes the different characteristics of virtual currency network virtual property,virtual goods network property and account network virtual property,and different adjudication methods,including the application of legal principles,legal interpretation,case analogy and other adjudication methods.Establish a set of judgment standards for difficult cases involving virtual property on the Internet.