| More and more internet virtual property infringement cases emerged,so there would be more and more problems in legal practice ought to be solved.The real roads of right protection are full of difficulties when somebody’s legal rights of internet virtual property are infringed.In order to solve these problems better,and to protect internet virtual property,the writer divided the article into five parts:The writer tries to analyze judicial precedent by the method of case study in the first part of the article,propose some universal and controversial problems of internet virtual property by combing the cases,finally triggering the relevant legal thinking.The second part mainly defines the concept,types and features of internet virtual property.In view of the current legislation of our country on the definition of virtual property is not clear,the writer focused on how to define the concept of internet virtual property.It must be attached to the internet,so first introduced the history of the development of the Internet,and then from the etymology of the elaboration of internet virtual property can be divided into broad and narrow sense,finally the writer defines its concept.After clarifying what the internet virtual property is,the writer analyzes its types and characteristics,so that people can have a clear understanding of the internet virtual property.Combining the existing controversial problems with relative laws by comparison analysis in the third part,there are still some problems in the process of law enforcement,which are encountered in the process of judicial practice and the writer points out clearly the necessity of the protection of internet virtual property in China.The fourth part analyzes the successful practices of some countries in the world,such as Britain,the United States and the countries that are good at online game such as Korea,Japan and other countries,which are relatively successful in protecting the Internet virtual property.Drawing lessons from the advanced legislation experience of virtual property in Hong Kong and Taiwan,and thinking related enlightenment for us.Finally,the fifth part puts forward specific measures to improve the legal protection of virtual property in China,which is divided into three aspects,firstly,from improving the legislative aspects,the focus is to develop and improve the relevant civil law legal system;Secondly,improve the level of law enforcement.Thirdly,the writer tries to give some advices for how to solve the current judicial dilemma in order to improve the construction of Chinese rule of law. |
