| With the rapid development and popularization of Internet technology,the subject matter in network shopping is no longer limited to tangible objects.As a product of the new era of Internet,virtual property is gradually recognized,and following the network virtual property dispute also emerges in endlessly.China’s Internet technology started relatively late compared with developed countries such as the United States and Japan.So there is no mature and unified legal protection system for virtual property.Moreover,there are different opinions on the legal attribute of virtual property in academic circles.The introduction of virtual property is put forward in the general principles of Civil Law.In order to comply with the development of the Internet era,also for more comprehensive and effective protection of network virtual property,it is urgent to speed up the legislation protection and perfection of virtual property when our country’s civil code is formulated now.This paper is divided into four parts.Because virtual property infringement occurs frequently,the first part of this paper proposes the background and significance of studying virtual property.The second part expounds the unique connotation and characteristics of virtual property.This part divides the virtual property into three kinds,and expounds the basic theory problems such as the legal attribute and the tort form of the network virtual property.The third part analyses the particularity of the tort liability of virtual property.This part is based on the particularity of subject and object,this paper introduces the constitutive elements of tort liability of virtual property in detail.The fourth part introduces the exploration and research of virtual property protection in legislation and judicial practice in the United States,Korea and Hong Kong,and then analyzes there are many problems in the analysis of virtual property infringement in China.For example,the difficulty of proving infringement,the value determination of virtual property,whether to support the compensation for mental damage.On the basis of referring to foreign excellent experience,this paper proposes that the protection of our virtual property should be improved from the perspective of establishing tort liability.This paper mainly uses comparative analysis.This paper introduces the protection status of virtual property both abroad and in China,and then analyzes the current situation and deficiencies of virtual property protection in mainland China.The paper puts forward that the protection of network virtual property still has the problem of vacuum state.On the basis of learning from the successful experience,this paper puts forward some views and Suggestions on the legal protection of network virtual property infringement.Literature analysis is used in this paper.Through the legal property of virtual property infringement form and other related materials are reviewed and analyzed,the network virtual property infringements are mainly represented by ordinary network users,namely ordinary third party torts and network operators’ torts according to different subjects. |
