Study On The Legal Problems Of Network Virtual Property

What is the network virtual property? What kind of right is the network virtual property right? Who will own the virtual property? How does the value of the virtual property make sure? How does the virtual property be protected? These problems still haven't a conclusion now. This text draws up from the definition, the legal attribute of the virtual property, the ownership and recognized value of the virtual property, the legal protection of the virtual property and so on, to carry on the legal analysis, think to formulate a special law of the virtual property that strengthens the legal protection of the virtual property.This text is totally about more than 40,000 words and is divided into: preface, text and conclusion.Preface: Ask the question. The network virtual property has certain value of merchandise. The prosperous trade of network virtual property caused numerous legal disputes in the meantime. People have already highly valued the legal problems the network virtual property caused and solve these problems has been urgent.The text is divided into five parts of the following:The first part: On the network virtual property. The network virtual property produces at the network game. People have the different comprehension for the virtual property; the virtual property in this text only refers to the virtual property of the network game. The network virtual is virtual valuable restrictive transferable and legal at the cyberspace.The second part: The property attribute of the network virtual property. People regard virtual property whether belongs to the property of law meaning to have affirmation or not two kinds of ideas. The civil legal system and British and American legal system have different and common understanding to the comprehension of "property". The network virtual property belongs to the property of the law of our country. It should be subjected to the protection of law.The third part: The law attribute of the network virtual property right. There are many views: the real right, the creditors' right, the intelligent property right, the invisible property etc. Space and time characteristics of the network virtual property right come to a decision that it should belong to a kind of new property right.The fourth part: The ownership of the network virtual property and valuable determination. The network virtual property differently obtained a way. There are two kinds of views that the network virtual properties own the network service company or the player. The writer thinks that the network virtual property should return a player. The value of the network virtual property can be recognized according to purchase the expenses, the price that operator sell the network virtual property, the off-line trade of the players' price and professional valuation organization to carry on an assurance.The fifth part: The legal protection of the network virtual property. See from the profession standard and the need to develop and the virtual bargain of the demand, from the characteristics of written laws, the protection of virtual property be very necessary. The United States, Japan, Korea, Hong Kong region, Taiwan and hinterland to the network virtual property have differently protection mechanism. Regarding the network virtual property should from the criminal law, the civil law as well as the formulation network virtual property special law carries on the corresponding protection to it. We should also build up the legal prevention and VPML that the network virtual property protects a mechanism in the meantime.Conclusion: Summarizes the full text. Along with the development of modern network, the network virtual property clearly shows a birth of new property type. We have to carry on an earnest thinking for these newborn things bring of pound at traditional law. The law system has to also enter all with hour, so then can adapt the demand of society reality.