The Research On The Legal Nature And Civil Protection Of Virtual Property Rights

With the progressive development of the Internet as the carrier of computer, network virtual property transactions becoming more and more virtual activities on behalf of people in this virtual space. Especially in recent years, the generation of online games, network virtual activities become more frequent. Virtual property into digital form in order to simulate the real environment property for their own shape and exclusive and property rights and interests of the independence of the network virtual environment. Virtual property is a special kind of material, exposure exists in cyberspace, to identify and control the computer and network technology, and has its own specific and independence, its scarcity, exclusivity and value. Obviously, this virtual property special characterization also contributed to it should be included in the reality of the legal system, and should be protected by law and adjusted. However, due to the lag of academia, there has been controversy as well as legislative, network virtual to the real needs of the financial Civil Protection has been put on hold. Therefore, the virtual property legal nature of the identification and accelerate the introduction of the corresponding laws to benefit the healthy development of the protection of online game industry.This article is divided into five parts to network analysis of the legal nature and the civil law protection of virtual property.Body of the First chapter explains the virtual property from the source and the motivation and practical significance to study the issue, and then put forward the main research question and a brief description of the research methods used in the article.The Second chapter provides a brief analysis of the connotation and basic types of virtual property, and then from the network virtual property rights in the emergence and development of the real world to analyze. Analysis of virtual objects in online games specimens, to show around the virtual property interests and development path, then pointed out that more and more caused by the network virtual property disputes。Finally, we illustrate the essential attribute of the property in the civil law sense of virtual property and virtual property status of legal practice in other countries and regions, the legitimacy and necessity of virtual property into real property rights system provides a theoretical basis.The Third part discuss the nature of the network virtual property rights and qualitative. Set forth the Virtual Property theoretical differences exist in the nature of the possible causes of the differences; pointed out that the nature of the virtual property rights as defined in the claims, property within the binary system has a certain rationality and science. Through the analysis of typical of the virtual property disputes, pointed out the realistic predicament of law of virtual property rights:right judgment dilemma."Dominance" in the modern sense of the theoretical line of the virtual nature of property rights of virtual property rights with the rights of the dominant characteristics. Therefore, the virtual property rights with the Property Characteristics of property rules should apply.The Fourth part discussed the protection of network virtual property rights. By virtue of property law legislation and theoretical basis of the claim of the right of virtual property is discussed prejudice virtual property excluded, reducing substances request the right to restitution claims, and eliminate the dangerous conditions of use claims to illustrate. Then the virtual property right infringement liability analysis, involving the virtual property right tort liability elements, principles, methods of bearing civil liability. The analysis combines the characteristics of virtual property behavior and the specific performance, the form of commitment to seek a reasonable responsibility, make the virtual property infringement can effectively prevent, the relief of victims have the comprehensiveness and timeliness.The last part is Conclusion. The legal nature of virtual property and general civil law protection of the summary and the virtual property from the perspective of civil law legislative proposals and some prospects for the legislation.