The Law Of Property Right Protection Of Network Virtual Property Rights

With the rapid development of network technology, many legal disputes related to the network virtual property emerge in an endless stream. The inquisition of case of the network virtual property is in an awkward situation that no laws are available because the legislation of network virtual property in our country is still blank at present. To solve this problem, full theoretical study of the network virtual property is badly needed and on this basis, the law is perfected with specific purpose. Obtained by certain money or labor consideration, deposited in cyber space in the form of data, Network virtual property is the property interest that is directly dominated by Network users by means of using and trading. As other property, value and scarcity are characteristics of network virtual property. In addition, network virtual property has three other characters: substantiality, specialty and ascertainment, which accords with the legal attribute of property. Hereby, network virtual property is the property taking the network virtual possessions as object, which is under the category of real right and bears the direct domination and exclusion effectiveness. Comparing with the legislation state in Tai Wan, the Unites States and Korea where the development and study of network games are mature, our country's legislation in this area remains blank. Theory and practice prove that network virtual property is real right, so the protection of it should start with the real right, bring it into the category of real right and protect it by means of the protection methods in the third chapter of Law of Real Right. In light of the characteristics of network virtual property, the feasible protection method of network virtual property is establishing the value estimation platform of network virtual property, confirming its value, establishing the trading platform of network virtual property superintended by the government for the sake of circulation and making use of the trading platform to release to the public and superintend the process of circulation.