Research On The Right Attribute Of Network Virtual Property

Because the concept of "network virtual property" is unclear,this concept becomes the "box" of the bottom.When a new thing has the characteristics of "virtual",but cannot accurately define its rights attribute,it will not belong to this concept.Categories of things are placed in this "box",such as bitcoin.This article focuses on the "property" of the virtual property of the network.The "virtual" feature is of course important.Because of the fear that this article is written as a popular science article,this feature is not analyzed too much.At present,property rights in the field of civil law mainly have two major categories,property rights and creditor rights.Logically speaking,whether it is the object of property rights or the object of credit,the object of property rights is the object of property rights.The value of ordinary objects is the object of property rights.Whether it is life,natural forces,objects in the nature or data in the virtual world.It is an objective existence.Human beings develop and utilize it based on their needs and inject human labor.This objective existence has value and can become human property.Human beings will make laws to regulate it and become a property right object.On the basis of the analysis,it is specifically analyzed whether it applies the property rights law or the creditor law.This article is based on Locke's "property theory".The object of argumentation is the virtual property of the network.The "labor value theory" combines the two.The first step: demonstrates the legitimacy of the application of Locke's "property theory" and lays a good foundation for the next few steps.The second step: first collect the extraterritorial experience of the network virtual property,analyze the relevant cases and legal regulations,and find that the collected cases and regulations have consciously avoided the ownership of the virtual property of the network,but they also mentioned the “value”.This keyword,"value" is the standard for tailoring objects.At this time,in conjunction with Locke's "property theory" to explore the boundary of virtual property of the network,in order to remove the pseudo-network virtual property,the key lies in the word "value".If it is to become the object of property rights,it must have value.Only when this standard is met can it enter the network.The scope of virtual property.Finally,the author analyzes the relevant theories of the current virtual property rights of the network,and believes that clarifying its boundaries is conducive to type processing.The third step: with "property" as the boundary,if you can cross this boundary,the "virtual" new things will get rid of the shackles of pseudo-network virtual property,belong to the category of network virtual property,and can enter the scope of property rights object.On the basis of adhering to the statutory principle of property rights and the principle of Pendrick's property rights and debts,according to the different characteristics of network virtual property,combined with judicial cases,type processing,divided into property rights and creditors.Locke's "property theory" once again provides theoretical support,and finally draws the standard of typed processing.When "virtual" new things appear in the future,this method can be used to demonstrate it.