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Research On The Definition And Law Protection Of Network Virtual Property

Posted on:2019-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:G F XueFull Text:PDF
GTID:2416330542999921Subject:Law
Abstract/Summary:PDF Full Text Request
The popularity of network technologies,and the arrival of the era of big data,have led to many new things,among them,network virtual property is particularly concerned because of its personal interest in property interests.The orientation of related legal attributes and how to legally protect them have increasingly led to discussions in the practical and theoretical circles.Due to the differences in the connotation and form of expression of the network virtual property and the property in the tradition of civil law,therefore,the relevant issues in the study of network virtual property are very special.Among them,the core debate in the theoretical circle is how to define the legal attributes and how to attribute their property rights.This article,intends to analyze the current situation of the protection,of network virtual assets in China.Based on a comprehensive analysis of the characteristics&manifestations of network virtual property,this paper discusses the legal basis for the positioning of network virtual property legal objects in the object of civil rights,it also analyzes in depth the reasons and arguments for the inability of network virtual property to serve as the object of claims,intellectual property rights,and other rights,in civil rights.This paper uses:comparative research methods,empirical research methods,case analysis methods,and statistical analysis methods,analysis of the status quo of China's network virtual property development,and the necessity and urgency of the protection of network virtual property,at the present stage from various aspects,and from the aspects of constructing the network virtual property law,of the protection of property rights,and perfecting the infringement and remedy of network virtual property,the author puts forward some constructive suggestions,on how to perfect the laws and regulations to solve the problem of the legal nature of network virtual property,and the relief of network virtual property infringement disputes.In addition,to the summary and conclusion,this article is divided into four chapters:Chapterl,Network virtual property overview.Explained the definition of network virtual property,analyzed the manifestation of China's network virtual property,and revealed the characteristics of network virtual property;Chapter 2,Research on the protection of network virtual property in China.On the basis of a comprehensive analysis,of the status quo of China's network virtual property legislation protection and judicial practice,two core issues in the definition of network virtual property are proposed;Chapter 3,The position of network virtual property in civil rights.The viewpoints on the non-creditor object and non-IP object of network virtual property are demonstrated,and the final definition,of why the virtual property of the network should be positioned as civil rights is defined in detail,and the network virtual property is defined as the object,of property right.The important value lies;Chapter 4,Perfecting the legal protection framework of China's network virtual property.From the aspects of constructing the network property protection law of real right law,promulgating specific administrative supervision laws and regulations,clarifying the principle of liability,for infringement disputes and the burden of proof,and how to expand other ways of infringement protection beyond civil lawsuits,relevant measures have been proposed to improve the protection of network virtual property.It is suggested that,in order to provide a theoretical and practical reference for the resolution of,disputes in the legislative and practical torts,for the protection of China's network virtual property,and the healthy and orderly development of the Internet industry.
Keywords/Search Tags:Network Virtual Property, Legal Attributes, Property Rights
PDF Full Text Request
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