Study On Civil Protection Of Virtual Property Rights

With the rapid economic development of the internet, tranctions of virtual property which derives from virtual enviroment become more and more popular in real life.That is , virtual property"realizable"and trading phenomenon is widespread. Virtual property in the practice of such activities have real economic value. Violations about virtual property rights are increase, and owing to lack of a civil law system, virtual property rights can not be effectively recognized and protected. This is a loophole of"rule of law", and it is unfavorable for the development of relevant industries. Property law is an open system, and the virtual network services will have a board trend in the future. The thesis is based on broad definitions of virtual property and virtual property rights, the author believes that protect virtual property rights with civil law is rational and necessary. Based on the above expositons, the author defined different kinds of violations , discussed the confirmation of violations and how to use civil law to protect virtual property rights.The author believes that we should study relevant issues rationally, and use current civil law to protect virtual property rights. In that way, we will creatively make the existing law system more functional. In legal concept, we should confirm that virtual property rights should be one kind of private rights. We should clerify rights and obligations belong to different parties who share the interests derive from virtual property rights. In the aspect of how to define tort, we should combine the theories of tort law with special violations about virtual property rights, so that we can define what kind of violations constitute infringement, and finally solve this problem with clear goal. Special responbilities should be clerified in the civil commitment of violations about virtual property rights. In short, we should take the existing law system as base,and establish relevant civil law system to protect virtual property rights,this is the most sensible and secure manner. We can find the base to protect virtual property rights both in tarditional theories and existing references. Virtual property will be an increasingly important role in our lives as technologies of network develop constantly. Life under virtual enviroment will be more colorful,and problems about virtual property rights will be an issue of our society, this is both a challenge and an opportunity.The thesis is divided into three parts:The first part of the thesis is focus on the defination of virtual property and virtual property rights.The author defined virtual property broadly, explained its features, and got the conclusion that virtual property had economic value.Virtual property rights which stems from virual property should be protect by law.Virtual property rights are different from traditional civil rights.The second part of the thesis is focus on the the necessity and rationality of Civil protection of virtual property rights.The second part showed the seriousness of the violation of virtual property rights in China mainland, demonstrated that protect virtual property rights with civil law was rational and necessary.By analyzing that civil law can define the attribution of interests stems from virtual property rights, and can adjust relevant disputes, the author believes that protect virtual property rights with civil law is reasonable.The third part of the thesis is about the civil law system to protect virtual property rights.The author believes that the system based on the following factors: First, we should clerify the ways of acquisitions about virtual property rights. Second, we should make sure these acquisitions are effective.Third, we should define the acts that may endanger virtual property rights.Fourth, we should clerify the civil liabilities of violations about virtual property rights. And the third part resolved two major issues: The first is to seek ideas and theories of the civil protection of virtual property rights. The second is how to maximize the functions of current laws and regulations, and construct a system to protect virtual property rights, so that we can lay a good foundation for future intensive legislative activities.