| Advances in network technology to promote the online game development, virtual property problems out in front of us. Virtual property infringement dispute raised more and more, however this new virtual property, the traditional legal system is insufficient to achieve the protection of it. Virtual property legislation has aroused people’s attention. In network technology development more advanced of national or area, has began appears for protection virtual property of related legislative, as Korea and in China of Taiwan,, British us method of national also appears has about virtual property protection of related case, however in China virtual property legal protection is more behind, no appears specifically for virtual property of legal regulations, also no for virtual property problem on traditional of legal for modified or explained, One of the most important reasons is the virtual property on the legal attribute of scholars still controversial mainly exists in the negative saying, said said intellectual property, intangible assets, said of real right and creditor’s rights said several theories. This article from the start with the differences between virtual and traditional property, combined with the legal theory of properties of several scholars on the virtual property, and analysis on legal attribute of virtual property.The body of this article is divided into four parts:The first part describes the generation of virtual property and the definition of the concept of virtual property. Describes the evolution of online games and virtual property, and introduced the dispute several of the most common forms of virtual property. And then define the connotation and extension of virtual property, finds the virtual property, including with respect to the online games, instant messaging software, accounts of virtual property (such as QQ, MSN, etc), e-mail and Forum accounts. And derive from the concept of virtual property differences between the object of virtual property and other property rights, mainly in the virtual, usefulness, validity, can be traded, deadlines, and so on, it is these differences led to a tradition of legal trouble in dealing with virtual property disputes.Part II describes the legal protection of virtual property at home and abroad, as well as protection of virtual property challenges. Described separately in Korea and the United States as well as Taiwan, Hong Kong legal protection of virtual property, analysis of theoretical and practical in these countries or areas for some perspective on legal attribute of virtual property. In addition, from China’s current legal system and find out the legal basis for protection of virtual property and processing of the virtual property disputes in China’s judicial practice put forward my views, summarized in the present situation of legal protection of virtual property protection of virtual property in China faced several problems-lack of legislative basis, the legal attributes of virtual property in the world problem is controversial.Third part deals with the legal attributes of virtual property. First, on negative said for criticism, under virtual property of features demonstration has virtual property of property, then negative has intellectual property said and intangible property said, will traditional property in the of intellectual property and intangible property excluded, and analysis has real right said and claims said of one-sidedness, and on virtual property of real right property and claims property for demonstration, last came conclusions, virtual property does not belonging to traditional property among of any a, is a new property, This property both real right and claims of property, and on virtual property of legal relationship for analysis, clear has virtual property legal relationship of main, and content, elements, and will virtual property Shang by exists of intellectual property from virtual property in the separation out, game developers on virtual property by enjoyed of copyright should belonging to intellectual property, by intellectual property method adjustment, does not belonging to this by said of virtual property.IV part main Exposition has virtual property legal relationship in the exists of three a important problem, respectively is virtual property of right belonging problem, and virtual property of value found problem and virtual property of spirit interests problem, first, analysis has virtual property of right belonging, by analysis virtual property of legal relationship negative has virtual picking tea leaves of right belonging Yu network operators of is, came virtual property right should belonging Yu network user of conclusions; second, describes has virtual property value found of several method, And on each species method for evaluation, eventually made pursuant to virtual property of market prices to measure virtual property of actual value of recommendations; third, analysis has virtual property of spirit interests problem, virtual property by violations will led to right people of spirit damage, so virtual property does contains right people of spirit interests, but virtual articles is violations Hou if can by technology means recovery, its spirit damage on can are cover, if violations virtual property of behavior led to has virtual property right people personal interests of loss, According to the relevant legal request compensation for moral damage.Part IV analysis on legal protection of virtual property, mainly deals with legal protection mode selection and protection of virtual property to be solved in the judicial practice of two-spirit of the virtual property in the recognition of virtual property value and interest. First introduced the school legislation on legal protection of virtual property models of two different views, from the perspective of the necessity and feasibility of two justify special legislation said. And main analysis has virtual property of value found and virtual property of spirit interests two a judicial practice in the common of problem, describes has virtual property value found of several method, and on each species method for evaluation, eventually made pursuant to virtual property of market prices to measure virtual property of actual value of recommendations, while, analysis has virtual property of spirit interests problem, virtual property by violations will led to right people of spirit damage, so virtual property does contains right people of spirit interests, But virtual goods after they have been violated if the recovery through technical means, his mental damage can be made up, if violations of the virtual property causes the loss of virtual property rights holders of personal interests, according to the relevant legal request compensation for moral damage. |
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