Research On Legal Protection Issues Of Network Virtual Property

With the rapid development of Internet technology,more and more attention has been paid to the network virtual property.The lag of law and the lack of relevant legal system lead to more and more disputes about virtual property.In recent years,foreign countries have clearly recognized the legal status of virtual property.Although our country has just passed the general provisions of the civil law,the status of the virtual property rights of the network has been confirmed,but it is too general,the need for more specific legal system to be implemented.The scale of the online game industry has more than one hundred billion,hundreds of millions of users,to clarify the scope of the legal protection of the network virtual property and the rights and obligations of the parties is very necessary to define.High incidence of disputes and the lack of relevant legal contradictions increasingly prominent.On network virtual property and related rights protection problems and characteristics,this paper mainly discusses the attribute of network virtual property,virtual property in China legislative situation and existing problems of network virtual property legislation in developed countries and regions,in order to improve our network virtual property protection advice.This paper is divided into six chapters.The first chapter introduces the motivation of the research,the research status at home and abroad and the research ideas of this paper.The second chapter is the basic theory of the network virtual property.In this chapter,the author introduces the basic problems of the network virtual property,including the concept,origin,characteristics and scope of the network virtual property.The third chapter discusses the existing problems and the existing problems of the network virtual property in our country.High,including the network virtual property ownership is unknown,to assess the value of difficulty,the jurisdiction disputes quickly,cost.The fourth chapter introduces the current situation of network virtual property protection in foreign countries and Taiwan.This paper mainly introduces the experience of Korea,the United States and Taiwan,and draws some useful experience for china.The fifth chapter analyzes the property right and ownership of the network virtual property,and makes clear that the right attribute is the premise of the full protection of the network virtual property.There is a great difference in the understanding of the property right of the virtual property in the academic circles.The main theories of intellectual property right,property right theory,creditor's right theory,new property right and intangible property theory.The author supports the view that the network virtual property rights are included in the intangible property rights,and supports the users to enjoy the network virtual property rights.The sixth chapter discusses the legal protection mechanism of the network virtual property,including the dispute between the user and the third party,the operator and the rights and obligations of the dispute.This paper provides some concrete suggestions for the protection of network virtual case in China,including the establishment of the network virtual property valuation mechanism,the application of small procedures,the establishment of online dispute resolution model.