Research In The Legal Problem On Network Virtual Property

The rapid development of Information technology has changed our social economy structure.More and more people in the new virtual social space--live,work and play.The network game has shown its great value, and becomes a new economic growth point.Therefore there is no doubt that the network virtual property is the product of network game in the certain environment,moreover,it is significant to game carriers and players. The transaction on virtual property in network world is very popular,there are fix prices from games' ID to equipment,even some special occupations such as "Lian Ji" has appeared.For example,an individual household boss in Zhejiang Province specially employed rural workers to play network game,and product "golden coin",and then sold "golden coin" to Americans.Actually the network virtual property transactions like that are countless.While the network game industry produces great market value,a series of disputes also appear.Recently,there are so many cases involving network virtual property,and the amount performs geometric growth. However,for the basic problems such as the definition and the character of network virtual property,scholars' opinions are widely divided,also they can't come to an agreement on the ways to settle disputes and the methods to protect network virtual property.That leads to a strange phenomena in the area:on the one hand,the disputes involving network virtual property so greatly increase as to settle in earnest;on the other hand,theory research and legislation are undeveloped.So in order to strengthen protect of the network virtual property,constructing a reasonable legal protect system is urgent.Network virtual property is property or not? What's its legal character? Is it owned by game carriers or players? What can we do to construct a legal protect system to protect it? There are a series of intractable problems we are facing.In this essay,writer try to define the network virtual property's legal character through analyzing it's definition and character, arrange clearly the right and obligation relationship between game carriers and players,and try to construct a network virtual property legal protect system under the present legal frame.The essay is divided into five chapters.The first chapter is to define the network virtual property.In this part, introducing the basic problems on network virtual property,for example, the origin of network virtual property,typical cases,definition,character and theory test etc..Writer introduces famous "china first case on network virtual property",namely the case of Li Hongchen v.Beijibing,which lifts Chinese research curtain on network virtual property.Network virtual property either has the traditional property's character,namely serviceability scarcity and negotiability,or has different new characters form the traditional property's,for example the coexistence of virtualization and actuality,technology limitation,value,validity and timeliness.These five characters are the network property's necessary requirements,and the measure standard on which a virtual goods whether is protected by legislation protection.In the last of the chapter,writer expounds the theory test of network virtual property in great length, respectively applies utilitarianism,labor theory of property right and personality theory of property to demonstrate the legitimacy of network virtual property.The second chapter introduces the right's attribute of network virtual property.Firstly,writer introduces different views on network virtual property's legal character among theorists.The view on network virtual property is divided into the theories of negation,affirmation and difference. The theory of negation thinks that the network virtual property is different from practical property,which is virtual,and merely existing in the network. With the development of the network virtual property's trades,this point will gradually not be supported.There also are many points in the theory of affirmation,such as goods,ownership rights,intellectual property, intangible property rights and creditor's rights.And the theory of difference thinks people should make a difference for network virtual property under different situations.Network virtual property is that the property although only exists in network,there is practical social relationship on it,and which requires to be protected by laws,therefore those property only existing in network,disappearing when without network circumstance,and not having relationship with practical society will be eliminated.This will make sure the definition of network virtual property.Next,writer define the network virtual property as a special creditor's right.So this is the emphasis in the chapter.Besides,writers respectively demonstrate that network virtual property is not virtual,and the reasons why it can't be attributed to ownership right,intellectual property and intangible property right, meanwhile explains the reason why it's attributed to special creditor's right. Network virtual property right is a creditor's right,but it has the different characters from traditional creditor's right.For game developers,it's a part of the game software designed;but for players and carriers,it's the warrant of their creditor's right relationship and reflects a creditor's right relationship.In the final part,the writer simply introduces the personality right factors in network virtual property.The third chapter analyses the necessity and feasibility of protecting network virtual property.Necessity is mainly demonstrated from these sides that network virtual property is the requirement of healthily improving IT,is the natural extend of protecting practical property and a way of protecting new industry.Moreover,there is a lack of regulations on network virtual property in present Chinese's laws,but the behaviors that infringing player's network virtual property exist in large masses,so it reflects from reverse said that it's necessary and urgent to protect network virtual property by laws.Feasibility is mainly demonstrated from three sides that the traditional property right theory lays a theoretical foundation for the legal rules of network virtual property,the development of network technology affords social economic requirement to the legal rules of network virtual property,and well system circumstance afford social reality requirements to the legal rules of network virtual property,so it's feasible to legislate on network virtual property.The fourth chapter is the emphasis of the essay,discussing the main problems on the protect of network virtual property.These problems respectively are the analysis on network virtual property's legal relationship, the analysis on carriers and players' rights and obligations,the attribution of network virtual property,how to certain the value on network virtual property,the jurisdiction to infringe network virtual property,the evidence in the disputes of network virtual property,the responsibility identification of carriers in network virtual property and the application on transnational disputes of network virtual property.Therefore these problem are the crucial problems to settle the disputes involving network virtual property.If we can't make clear these problems,it will be in disorder when constructing the protect system of network virtual property.The fifth chapter is the objection of the essay,discussing the legal protect system of network virtual property.Writer firstly introduces foreign, Hong Kong and Taiwan's legal protect general situation on network virtual property and mainland's present situation,and then analyses the common forms and solution of these disputes.Next,writer introduces the modal selection on legal protect of network virtual property,which is divided into mend-modal and start all over again-modal.After analyzing the advantages and disadvantages,writer suggests china temporally adopt to the legislation modal of coming on judicial interpretations.What's next is the writer's analysis and suggestions for network virtual property.Writer respectively introduces for the legal protect and other protect,and the legal protect is more important.And the legal protect is divided into civil legal protect, criminal legal protect and administrative legal protect.In this part,writer put forwards his own legislation ideas,and thinks that only to effectively carry out these sides,the network virtual property will be perfectly and effectively protected.