The Virtual Nature Of The Property And Related Legal Issues Discussed

In recent years, with the rapid development of the Internet, network game become important in people's life. In 2008, the number of network game player has reached 4936 million, and it is expected to 9453 million in 2013. Most network games contain cash prepaid functions, it makes the virtual items could be transformed into money, so the virtual object have transfer value, It can be called virtual property. The real problem is that when the player playing games, their virtual properties violations would be violated. There is still lack of legal remedies in our country. The network game supervision department mostly concerned is the operation norm, but they ignore the players'property rights. The players couldn't find the way to get relief. In addition, academia and scholars don't have consensus on qualitative of the virtual property could also be a reason for the players'lost. This paper aims to discuss the definition and characteristics of virtual property, Put out the realistic problems of property protection by analysis of the relationship between the relevant parties. Referring to foreign and relevant regional legislation on the protection of network virtual property and put forward legislative proposals and ideas. This paper altogether three part:Chapter I,"The theory of virtual property". This chapter focuses on the concept and characteristics of virtual property, limits the virtual property as virtual property online game. In addition, summarized the characteristics of virtual property, followed by the nature of virtual property discussed, prove the virtual property has some characteristic of property right. But it is still different from traditional theory of the real right. It should belong to quasi real right.Chapter II,"The realistic problem of virtual property", Firstly, discuss the relationship between the parties. In this part, the author wants to discuss the legal relationship between the related parties. made clear the rights and obligations of the parties and dispute the reasons of dispute which may appear between the parties.Chapter III,"The legal protection of the virtual property", this part focus on introduce the virtual property law and the court's affairs in the developed countries and regions. Discuss the legal status and the present situation of virtual property protection in China. This paper discusses the necessity of judicial interpretation on civil law , and further shows the importance of drafting special protective laws and regulations on virtual property.