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Study On Legal Protection Of Network Virtual Property

Posted on:2013-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhengFull Text:PDF
GTID:2246330395975404Subject:Law
Abstract/Summary:PDF Full Text Request
Internet industry is developping rapidly. Including clothing, food, housing, travelingand other aspects of our daily life, are all connected with the internet world. Human beingsenjoy surfing in this virtual world while working hard in their life which is more real. Virtualproperty plays an important role in the world of network. Losing virtual property of theiraccount makes some of the game players felt even more painful than losing money of theirwallet. To this kind of players, virtual property means more than real money; it is thecombination of their hard work for many years, with bit of joy, anger and sadness of their life.Where there is demand, there will be a market, and where there is a market, there will bedisputes. In recent years, disputes of network virtual property had become more and morefiery, and the legal issues within these disputes also become the focus of attention of the legalprofession. Be short of legislative, leads to the result of having no practical operation solutionof our country. In order to have a more comprehensive understanding of the protection ofvirtual property, this article is divided into three chapters, and the overall architecture is asfollows.This paper discusses the definition and characteristics of virtual property on its virtual,valuable, disposal, time limitation, technical features and its dependency; meanwhile,discusses the manifestation of disputes of network virtual property, which is arising from thelost of game data, or from the ceased operation caused by the operators, or from the using ofthe users’ plug-in account. This paper also discusses the great need of protecting virtualproperty in there aspects. Protecting virtual property is the great need of regulatory of networkindustry, and also of social development. Protecting virtual property is equal to protecting realproperty. Protecting virtual property is also need of being adapt to international trends.This paper analyses virtual property from the community of the presence of non-propertyand property. I believe that virtual property is property in the legal sense, which should berecognized as a new form of property; all in all, the virtual property should be subject as oneobject under the protection of law. This paper also lists the legal protection of virtual propertyprotection legislative point of view of the United States, South Korea, Hong Kong and Taiwan;and analyses the legislative opinion of protecting virtual property from these countries andregions.This paper tries to reveal the legislative situation of virtual property of our country fromanalyzing the Constitution, Civil Law General Principles, Inheritance Law, Criminal Law andConsumer Protection Law; and proposes the difficulties among confirmation of ownership, forensics, value recognition and jurisdiction confirmation of law protection of virtual property.The suggestion of the protection of virtual property comes to formulating special law ofvirtual property protection, or enhance of judicial interpretation of existing laws, oradministrative regulations to strengthen the management regulation, or regulation of thenetwork industry service standards by contact law, or advocating a highly civilized virtualcommunity construction.
Keywords/Search Tags:Virtual property, Property, Law protection
PDF Full Text Request
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