Research On The Legal Attribute And Protection Of Virtual Property

With advances in technology, especially network leaps and bounds in recent years, gave birth to a lot of new things, such as Blog, Micro-channel Network Games, Online Shopping, these new things have improved the quality of people’s lives greatly, but also triggered a series of disputes, such as network privacy, network hacking, fraud. These new things that exist in the virtual space of traditional laws put forward a series of new challenges. Network virtual property is one of them. Network virtual property attached to cyberspace, the form of its existence and there was a huge difference in the real property. Existing laws are not directly applicable to this space, there is no legal basis for the distress situation in the judicial practice of the court. Network virtual property is in need of protection? What is the legal attribute of the network virtual property? How to be protected? This series of problems caused by the thinking of many scholars inland and abroad. By reference theorists academic achievements and real cases of network virtual property,The Author did some preliminary exploration.In addition to the preamble and conclusion, this article is divided into four parts:The first part is start from the history of the network virtual property, and the definition of the network virtual property, equally as a new property, not only valuable and scarcity, but also it has some new features, such as dependence deadline, circulation.The second part is analysis the value attributes of network virtual property. By outlining the theorists doctrine, this paper accounts that the network virtual property rights represent a new kind of property rights, both property characteristics and claims characteristics.The third part is about the conservation status of the other countries and regions on the network virtual property, then summarizing the conservation status of the Mainland of China, and expounded the necessity to protect the network virtual property.The fourth part is start from the difficulty of network virtual property cases. such as, determining the value, assigning the burden of proofs, confirming the evidence. Aiming to protect the network virtual property, this paper has proposed some recommendations from the legislation and the judicature.