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Legal Protection Of Virtual Property Are Discussed

Posted on:2011-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q YangFull Text:PDF
GTID:2206330335997948Subject:Law
Abstract/Summary:PDF Full Text Request
The prevalent application of network technology has led to another revolution in human cultural field due to the broken boundaries of time and space. Free information and global resource sharing have already become consensuses among internet users. Internet can bring great convenience for people, at the same time we have to focus on the Internet legal issues to protect the rights of Internet users. Under this circumstance, the identification and protection of virtual property become a new legal research, which will impact existing legal system.This paper is divided into three chapters besides the foreword. The first chapter introduces the background and development of virtual property as well as its characteristics, and draws the conclusion that virtual property is a new type of property right with the real right and the creditor's right attributes by compared with the different existed theories of legal nature in virtual property and the analysis of their deficiencies. In the second chapter, we analyse the virtual property protection systems in Hong Kong, Taiwan and abroad, and list some matured experiences for reference in establishing our virtual property protection system combining the real right with the creditor's right. In the third chapter, according to the case studies and analyses of judicial practice, we discuss the specific protection issues in the criminal law and the civil law, and suggest strengthening the security guarantee obligation of the operators in case of the disputes of virtual property. In summary, from the angle of view of the law, we seek for legal rules according to the experience of judicial practices and the methods of foreign virtual property protection system in order to solve the virtual property disputes, and provide references for the relevant legislations to protect the legal rights of the parties, maintain the network order and promote the healthy development of the network industry.
Keywords/Search Tags:virtual property, new type of property right, security guarantee
PDF Full Text Request
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