Theory Of Virtual Property In A Divorce Case

With the rapid development of Internet industry, coupled with the rising divorce rate, disputes about virtual division of property in a divorce case of husband and wife have emerged. These disputes involved legal problems and solving measures are there hot topic. Because our country in the aspect of virtual property legislation relatively lags behind, the study of these problems has yet to form a consensus, but the academic circles on the legal attribute of virtual property, protection and other issues of research provides reference for us. This article will be on the basis of the study, from the concept of virtual property, virtual property in a divorce case segmentation analysis of the comprehensive study on the related content. This paper mainly divided into the following three parts:The first part is summary of virtual property. The paper starting from the concept and the legal attribute of virtual property, virtual property is in line with the property of related properties, and so on characteristics, it is concluded that virtual property is a special type of property, shall be included in the scope of legal protection of the conclusion. At the same time comparing our country and the United States, Switzerland, South Korea, Japan and Chinese Taiwan?Chinese Hong Kong in the field of virtual property laws and regulations, some Suggestions are put forward.The second part is when a couple divorce, the necessity of virtual property division, particularity and difficulty. As part of the marital property, virtual property in divorce of husband and wife is necessary to split. Due to the virtual property is different from other property, the scope of segmentation, segmentation, in principle, have distinctive features. In addition, the author also the plight of the couples divorce division of property are detailed analyzed.The third part is about the segmentation method of virtual property in a divorce case are discussed. The author divided Shared virtual property is divided into three parts, one is the virtual property the breakup of evaluation. Virtual property assessment have great difference with ordinary husband and wife joint property division. Second, division of virtual property distribution, general and special distribution principles. Three is split in the process of management principles, methods, main is split after the transfer of rights and obligations.The Internet has become an important part of People's Daily life, the cases involving virtual property disputes are also increasing. The author on the research of virtual division of property in a divorce case, aims to urge the legislature quickly publish relevant laws and regulations or judicial instructions, establishing a perfect virtual property management order, on the one hand, the legal attribute of virtual property, protect the legitimate rights and interests of network participants, promote the healthy and orderly development of the Internet industry; On the one hand, to solve the segmentation problem of virtual property of husband and wife to provide effective legal basis, to provide reliable support for maintaining social stability.