Study On The Attributes Of Virtual Property Rights

In recent years, the online game industry has become the most representative for networkindustry, people owning property not only in the real world but also in the virtual world of theInternet gradually with the dynamic development of online game industry, such as virtualequipment, virtual currency in online game. The disputes are increasing in response to thetransactions of network virtual property among the gamers, then how to identify the legalnature of the trading behavior correctly has become the hot spot to the current theoriesresearch. However, our current laws in the field of network virtual property are blank andwithout a clear definition, this ignite some difficulties in the absence of legislation andjudicial decision processing network virtual property disputes.Therefore,the main researchesof this paper for the legal protection of network virtual property are as follow:The first of this paper affirmed the value of virtual space. This part demonstrates thesignificance value of the virtual space by referring Erving Goffman’s "Dramaturgy" andJürgen Habermas’s theory of communicative action which is the innovation of this paper.Point out that both to affirm the rationality of the network communicative action and tostrengthen the standardization of the network communicative action also;The second part of this paper shows that virtual goods belonging to the areas of property,has property attributes. After making certain the concept of virtual property, as follow werescholars in a broad sense and narrow sense level to define virtual property as well as the needto protect virtual property. Then analyze the negative theory and positive theory of virtualproperty in detail, with the theory of Bentham and John Locke to prove that the virtualproperty belonging to the fruits of labor, and do a specific interpretation to the virtual propertyfrom the value, scarcity, and negotiability;The third part explores the property of virtual property rights. As the focus of this paper,evaluation and analysis of intellectual property doctrine, creditor’s rights doctrine as well asproperty rights doctrine are made respectively. By comparing the physical attributes of thevirtual property in the traditional sense, affirmed the property rights of virtual propertyattributes;Finally, this paper to analyze the ownership and legislative status quo of virtual propertyrights, to put forward some recommendations to the perfection of appropriate legislative and judicial, combined with the legal protection measures of virtual property in a number ofcountries and regions.This article aims to define property attributes of virtual property rights, and learn fromthe advanced experience of foreign countries to improve China’s virtual property protectionlegislation system.