The Legal Attribute Of Virtual Property In Our Country And The Civil Law Protection Problem Research

With the development and application of the modern technology rapidly, Internet has replaced the traditional channel of people’s communication and entertainment gradually, and become one of the indispensable tools in modern life, then network transaction growing quickly. As the essential factor of network transaction, virtual property will flourish in the future. However, shall network transaction be protected by the law, what kind of property belong to and how to deal with the cyberspace tort, which is so multiply, concealed and surpass time and space. All above has become an essential project for our Chinese socialist constructor of rule of law. China’s current constitution has few refer to virtual property, not mention a specialized constitution to protect virtual property. Those make the appearance of robbing virtual property and maintaining legal right difficult appearing more and more. Therefore, we have to put virtual property into protection of constitution, and make it as a legal law. The first to give its legal status shall be civil law, if only civil law protect it, other laws can further provisions of its.The general idea of this paper will through cases analysis and draw on the experience of foreign country, then combine with Chinese trial cases to introduce Chinese virtual property current situation on theory, and then point out the significance of virtual property protection on demonstrations. Through the analysis of The general principles of the civil law of the people’s Republic of China (Hereinafter referred to as The general principles of the civil law); The real right law of the people’s Republic of China(Hereinafter referred to as The real right law); The people’s Republic of China tort liability law (Hereinafter referred to as The tort liability law); And Consumer protection law of the people’s Republic of China(Hereinafter referred to as Consumer rights protection law) to explicit that virtual property is a new kind of property with nature of real right. Then on the basic of drawing theoretical research and trial practice rationality factors to throw out some suggestion to do something for the construction of virtual property’s protection legislation and a system.