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Research On Legal Issues Of Virtual Property Rights Change

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:H F ZhangFull Text:PDF
GTID:2296330482999826Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of network technology and the growing popularity of the people living and entertaining with the network appears more and more closely linked, virtual property to bring material and spiritual values of the people more and more prominent, the objective is also to promote the change of virtual property frequent occurrence. In the process of virtual property changes cause a variety of problems, we selected a representative, solved several problems were analyzed.Virtual property is a new property with the development of network technology arising from the legal properties of the virtual property should be intangible property. Trading of virtual property is not uncommon for the protection of the legitimate rights of transaction security and human rights, the virtual property should be publicized as an intangible property rights, taking into account the cost of publicity, efficiency and function should select the "quasi-occupation" of virtual property public way. Referring to the theoretical study of the Civil Right mature theory change, change mode virtual property rights should follow the changes are due to the theory, namely between the parties have virtual property changes on changes in virtual property "desirable", taking into account the transaction costs and other needs, so the change mode virtual property should be "desirable shift+quasi-occupied". Bona Fide Acquisition theory does not preclude having invisible object characteristics of virtual property, virtual property acquired through illegal ways if they are placed in the market, in view of the rights of people usually only know virtual property account password and then control the "occupied" virtual Internet users in the next possession and the strict implementation of real-name system is not the case for the protection of transaction security and social justice, and bona fide acquisition should not preclude the application of stolen goods; By "PW", "plug-in" virtual property to get the same meet bona fide acquisition system "is not authorized to dispose of property of others," the Elements, that should correctly understand the "other property" to "property of others" interpreted as "property of others interest ", the property includes not only positive benefits and negative property also includes property burden; "PW" and "plug-in" not only directly harm the legitimate interests of the virtual property service providers, but also undermine the rules of the game, the indirect damage to the legitimate interests of other players, service providers have the right virtual property by taking a "title", "Clear" and other measures to eliminate the virtual property, but the exercise of the right is not without any conditions, and that notice should bear the burden of proof obligations and listen to the players to explain, or cause damage shall be liable for compensation; Finally, with regard to virtual property division method, in addition to the traditional division system, but also according to their technical characteristics of a strong network in the case of co-owners of consensus may take the form of setting up sub-accounts and shared solutions.
Keywords/Search Tags:Virtual property right, Intangible property rights, Quasi-possession, Bona fide acquisition, Segmentation method
PDF Full Text Request
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