By Network Cyber-property Legal Attribute And Protection

The Internet changed the world. The network law is an emerging family rules and regulations study domain, in a network law important branch is to the network game industry correlation research. But in network game industry, also take the network cyber-property as the core. The network cyber-property this emerging social phenomenon, as a result of in the academic circles and the judicial world to its legal attribute understanding existence difference, in the legislation also relatively is at the blank the vacuum state, then caused the law circle to be suitable, and in the academic viewpoint dispute in view of the network cyber-property document law , indicate legal lag. The author attempts in the model correlation research results, with in the massive realistic cases foundation ,obtained from the network cyber-property correlation main human right duty relations, confirmed its creditor's rights essential attribute, as well as the real right ownership, and try to open the network cyber-property from the creditor's rights real right angle the veil. At the same time, summarizes and induces the network cyber-property to distinguish between other property rights characteristics, was clear about its cyber, valuerablity, has been possible the transfer, the restrictive characteristic. Makes every effort to grasp behind the network cyber-property the different main body property rights nature difference, thus realizes its unification brings into line with the effect which in the property area gives to our country present legal framework in to protect. At the same time acts according to the network cyber-property the characteristic as well as the common dispute form, the net-reference work game industry operation pattern and the overseas legislation experience, contempt to seek including with the network cyber-property correlation civil dispute, the criminal offense, the consumer rights special protection, the correlation main body presents evidence the responsibility and so on a series of feasible strong law to be suitable the way and the correlation main body right relief plan, provides the model function for the network cyber-property correlation legislation and the judicature.