| The invention of computers and the Internet has triggered a human in for mation revolution.It not only has a new leap in the productivity of human society,more important it is to change people's way of life.Virtual property is a completely new thing emerged upon this background.Virtual property is essentially composed of a binary 0 and 1 of electronic data and images to form a 3D image of the external manifestations.The civil nature of the virtual property is not the right of property or claiming rights and intellectual of rights.Regardless of the legal nature of virtual property, it certainly is the nature of the right.With the progress of network, the size and the value of the virtual property is becoming more and more large.But there excits a large number of violations due to the lack of relerant legal provisions, seriously damaging the interests of all the virtual property.Such property damage extends to the real property through the transformation from virtual property to real property.All these have added to the urgency of the virtual property law system, this is the requirement of real world and the virtual world to safeguard the normal order of the property.Therefore, the civil legal relations and actions concerning the virtual property are supposed to be adjusted by civil virtua law.Virtual property should be given the protection as other property by civil law.This paper convicts of four chapters:Chapter one begins with the connotation of the network virtual property,the extension of property attributes and characteristics. Virtual property, according to the literal meaning should be understood as non-real property.The meaning of virtual property has two categories,broad and narrow.The narrow meaning of virtual property is called online games property.It generally refers to the network in a game of pin the ID under virtual goods,virtual money,even the level of the ID, fractional electromagnetic data and other information.The virtual property in a broad way is the object of all social relationships in the virtual structured world operated by the network operator.To facilitate better description and more practical.This paper takes game equipment as an example to analysis narrow virtual property and historic peripective view.This paper analyzes the development of the form of property in a developed.Find the property owned by human beings have the characteristics of diversity.Then concludes that the virtual property also has the valueable,short, dominanted and negotiable features which,other property have.The attributes of property will also be able to diagnose the network virtual property to the value of property, shortages can be dominant,negotiable basic attributes, etc.,Ought to be legal recognition and protection.In addition, as a unique form of property. Virtual property is virtual, period, and have the legality of the restrictive technical features.Chapter tow gives detailed analysis of the legal nature of the virtual property.In view of the current epidemic theorges of virtual property, the thetheory of property,claiming and intellectual property,this paper analyzes one by one.The thetheory of property has the advantage of fullly protecting the players'interests.But the emergence of virtual property rights and the exercise the need the co-operation of the game operator.The tince of its exciting is limited.Game operators in certain exceptional cases, such problems can be punished virtual property right that has not been satisfactorily explained by the theory of property.The view of claims used to explain that the operator has the obligation to the game player.But virtual property expanded the scope of the performance of the property transactions between gamers and gamers as the embodiment of property ownership.Virtual property transactions between gamers and gamers. It has been involved as property . Equally difficult to justify the view that intellectual property rights.The network game took a whole enjoys the copyright by the developer.But in real life, the virtual property dispute that players have is not the overall game software itself.Instead, the player must spend the time and money through the normal procedures of the game or directly through the financial transaction, in a game players meet the needs of an independent existence and development of the object.As players in the virtual property right of intellectual property, is clearly wrong.Because the network is the first virtual property created by the game developers.The player lonely get and use it in the game through a certain proces.Other players also have to access the possibility.It is considered the leading player in the works too reluctantly and the intellectual property rights have arrange his appropriation and the legal timeliness.However,The virtual property dose not possess these characteristics.Based on the premise to grasp the characteristics of its virtual property itself, and use the relationship between rights and obligations.It carefully examines the network virtual property with the development judgement, it is fully realized that has the creditor's rights, the real right and the intellectual property rights multiple attribute to the virtual property, The virtual property is one kind of new independence property shape.Chapter three summarizes the several main types of virtual property disputes types:the dispute between players and operators because virtual stolen property and theft triggered among players;The dispute in the virtual goods transaction the cheat behavior;The dispute because of operation business stopping the operation initiation the virtual property aspect; Game data loss caused by damage to the virtual property disputes;Because of using outsides registers account the virtual property dispute which seals causes. Secondly,it describes our country virtual property legislation present situation China's General Principles of Civil Law and Law on Protecting the Rights and Interests of consumers,and uncertainty in the scope of the property, in aroud,the special laws to protect virtual property are in the blank. In view of such disputes.This paper gives some special law to protect virtual property in the existing state of temporary measures to cope with the loss.Chapter four needle build a civil protection system in view of our country network virtual property civil legal protection's question and insufficiency Firstly,it must establish the network virtual property the value appraisal mechanism. In the ordinary circumstances it may act according to obtains the virtual property the different way to determine its price.Secondly, clear the rights and obligations in the player and the operators.Clear rights and obligations of the two sides to resolve the dispute and will have important significance for the protection of property. Thirdly, it proposes the general virtual property dispute resolution mechanisms, including online arbitration before a settlement mechanism and the mechanism.Fourthly,it has promulgated in the virtual property dispute evidence collection question, This article thinks that regarding the network game neutron evidence collection, it should safeguard the collection process as far as possible in the procedure fairly, is fair.Finally, this article thinks that a profession development mature symbol often is connected the legal system perfection.There are two ways Firstly, change the relevant laws and regulations and increase about virtual property protection provision.Secondly, it needs a separate special legislation to enact a system of "Virtual Property Protection Act" and to establish the special virtual property protection system that centers as "Virtual Property Protection Act",and mcluders General Principles of Civil Law.In short, with the sustained and rapid development of China's economy, endless civil disputes involving online virtual property appear . The deep-seated explore on virtual property protection systems has both theoretical and practical significance.It needs the theorist and the judicial practice's joint effort to consummate day by day!... |
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