Research On The Law Application Of Network Virtual Property

The human society has already marched into the network economical time now. The network economy, which is different from the traditional farming economy and the industry economy characteristic, is honored as the new economy. The network game industry is the representative of the network industry currently. With the rapid development of the network game, the people have the property in the real world, simultaneously in the cyberspace (for example, the equipment of network game, the ideal money and so on) .In the cyberspace, property is generally called "the network virtual property" by the people. The network virtual property has the exchanged value in the real world, the same as it in the cyberspace. At present, our country in the legislative protection is blank; the legal is lagging behind the huge transaction scale of the network virtual property, and the dispute of the network virtual property. The thesis consists of 4 chapters.Chapter 1 makes a definition on network virtual property, and has made a discussion to the legal character of network virtual property. Analyzed from the network virtual property's origin, the characteristic and the present situation, the network virtual property rights are existence objectively. The network virtual property should be protected by the legal. Because the network virtual property right is particularly, it can be recognized that it does not belong to the category of the real right, the creditor's right and the intellectual property right through the legal attribute discussion, it is a new property of the human society which has marched into the network economical time.Chapter 2 has conducted the research of traditional rules about applicable law in the cyberspace. Because the cyberspace is hypothesized and global, it is difficult for the traditional rules about applicable law to be suitable in the cyberspace. This chapter has analyzed the legal suitable straits of the network virtual property.Chapter 3 has introduced the present international convention, other national and local legislative experience. Chapter 4 has analyzed the protecting situation and the judicial practice about the network virtual property of our country, also pointed out the problems existed in the law application rules of the network virtual property in our country. To how to consummate the law application rules of the network virtual property, this chapter has given the legislative suggestion, and has made the forecast of the way in the future.