On Network Virtual Property And Related Protection

With the development of Internet and industries concerned, allkinds of litigations have arisen, for example, the lawsuit of tortson line is a matter of common. Because Internet is a kind of a newthing, whose necessary legal system is imperfect, there is no law andregulation for judicial practice to go by. Therefore, with thedevelopment of economy of Internet, legal confirmation and protectionof network virtual property should be new subjects of legal research,Chinese traditionally legal theories have been challenged. In thepractical life, cases on network virtual property have arisen. In thecase, it is advantageous and significant for researching networkvirtual property to develop and supplement the theories of RealRights,CreditorËŠ s Rights and Intellectual Property Rights and tosolve civil,criminal litigations. This thesis mainly adoptscomparative method,cases analytical method and history analytical method, dividing into 3 chapters.The first chapter simply narrates the processes of emergence anddevelopment and analyses the definition and category of networkvirtual property. The emergence and development of Internet makecommunication and cooperation among people close and bring lots ofconvenience, but a lot of litigation concerning Internet appears,such as, the litigation on network virtual property. Writer,analyzing the emergence of network virtual property, makes adefinition for network virtual property: people can perceive and holdand use some functions or resources switched by electromagnetic dateof on the Internet.At present, there're positive and negative views on existenceand legal protection of network virtual property. Writer thinks thatwe should view the content of property dynamically, in the judicialpractice, most of cases have supported the view which regards virtualproperty as a kind of property and most of scholars also agree thatnetwork virtual property belongs to category of property. There're4rk virtual property belongs to Real Rights 2.Network virtualproperty belongs to Intellectual Property Rights 3.Network virtualproperty belongs to Creditor's Rights.4.Network virtual propertybelongs to non-visible property. In this chapter, writer agrees tothe view of non-visible property comparatively by analysis andcontrasting of jurisprudence the 4kinds of views; comparing the network virtual property withtraditional property to confirm its attribute of property and furthercontrasting to traditional non-visible property, writer concludesthat network virtual property, only existence in the special network,with special functions and attributes and reappearance, is a kind ofspecial non-visible property rather than a kind of traditional non visible property.The Second chapter studies on the legal nature of the virtualproperty rights, from the property's definition, the legal scienceelementary theory and so on, and then further recognizes the legalnature of the virtual property rights, carries on the thoroughanalysis to it in the civil law localization.The Third chapter is the protective measures of network virtualproperty. From the points of preventing and solving litigation oftorts on network virtual property, writer puts forwards some advice.In the end, it is necessary to protect the virtual property. Allof us should take actions in order to protect network industry.