Civil Law Protection Of Network Virtual Property

Following the rapid development of Internet,the network virtual property is also becoming more and more important,but the network virtual property definition,legal attribute and value of the theoretical basis for problems such as there has always been great controversy,will tell from the existing academic achievements,domestic support accounts for a significant proportion of the object and object of creditor’s rights real right,and each has advantages and disadvantages are unable to persuade each other completely,this directly leads to the lag of legislation,judicial confusion.Said the latest property of new type,although in a certain extent;,solve the network virtual property the legal attributes unclear,but it caused a bigger impact to the existing legal system,to break the bonds binary system,if the network virtual property as a new type of property rights,whether in the judicial or will be a lot of obstacles in legislation,so it is not a good choice.lt is worth mentioning that the new issued "the general civil law of the People’s Republic of China(hereinafter referred to as,the general civil law "),"the one hundred and twenty-seventh regulation:the legal protection of data,network virtual property has a regulation,in accordance with its rules.Although this provision still did not specify the legal attribute of network virtual property,also didn’t specifically describe how to protect,but from its legislative process and logical reasoning,all can be seen that the legislation is actually a certain network virtual property is a special kind of material,its protection shall be carried out under the rules of the real right of civil law.And this is the first time of the civil law has officially confirmed that the property of the network virtual property value,pointed out the direction of the network virtual property legislation for the future.This article is divided into five chapters,the essay discusses the civil law protection of network virtual property,its contents include:the definition of the network virtual property,legal nature,the ownership of the right and the right content,tort liability and compensation for value assessment method,the civil law protection present situation and the legislative Suggestions.The author defines the network virtual property as a network environment,simulate the real thing,in digital form,the relative independence and exclusive data information resources,and regard it as a special kind of thing.Based on the above points,discuss network virtual property rights belong to the basic theory of network virtual property rights clarifying is determined,and discussed the evaluation methods of tort liability and compensation for the value,after summing up existing methods,put forward its own opinions.Finally discusses the status quo of legislation and judicature in our country and on the basis of the research put forward its own proposals.Through the study of network virtual property,in order to establish a complete framework of civil law protection of network virtual property,provide effective reference for specific legislative design.