The Constitutional Protection Of Virtual Property

With the rapid development of network,network virtual property which in the form of real property appears in the network space.However,according to the technical characteristics of virtual property,virtual property is virtual and can only be used as a unique information benefit.Therefore,the real question facing the discussion of network virtual property is whether such information should be protected by law,What is the legal value of protecting the virtual property.First of all,the virtual property of the network cannot show pure property value,but emphasizes the freedom of the network operator and the user’s transaction relationship,and excludes the third party from damaging the service relationship between the two.On the one hand,as a manifestation of network services provided by network operators,users of network virtual property cannot claim absolute possession of network virtual property.Both the protection of the subjective value of the virtual property of the network and the economic benefits depend on the existence of the transaction relationship between the user and the network operator,and exclude the third party from damaging the transaction relationship between the two.On the other hand,driven by economic benefits,network operators will actively maintain users’possession of virtual property on the network.There is a more cost-effective governance model in the network space.The existing legal protection of network virtual property is flawed.Secondly,after clarifying the substantial benefits of network virtual property protection,it should be further clarified whether it is justified by legal protection.The protection of the virtual property of the network has raised the following demands on the law.First,the law should respect the free economic relationship between the user and the operator,and guarantee the activity space of the network economy.Second,the law should proactively protect the economic relationship embodied in the virtual property of th e network,and prohibit third parties from destroying the transaction relationship between the network operator and the user.Although the network economy is a newly emerging economic model,like the traditional market economy model,economic entities have the freedom to establish trading relationships,and this freedom is guaranteed by the Constitution.By recognizing the constitutional value of economic freedom in the protection of network virtual property,the scope of protection of constitutional property rights is extended,providing a legal basis for the protection of network virtual property by departmental laws.However,there are restrictions on the scope of the application of the Constitution to protect online virtual property.Only the third party and the state can infringe on the transaction relationship between the user and the network operator.However,in the judicial process,it is still necessary to uphold the protection of the constitutional value of economic freedom to the virtual property of the network,and equally safeguard the freedom of transactions between users and network operators.Finally,after clarifying the constitutional protection granted by the Constitution to the basic rights of cyber virtual property,the cyber virtual property should be protected according to a specific constitutional value.First,the network virtual property of departmental regulations should reflect the constitutional value of economic freedom.It should not only respect the freedom of economic interaction between users and network operators,but also protect this freedom from being infringed by third parties.Reasonably maintain the economic interests and subjective value of the virtual property subject of the network.The second is to conduct a constitutional review of the legislative acts and specific administrative acts of the state to intervene in the virtual property of the network to protect the basic rights of private parties.The third is that the state should undertake active fundamental rights protection obligations,adhere to the constitutional value of economic freedom,respect the free trading space between network operators and users,and strengthen network security legislation to provide a good order of network space for the autonomous protection of virtual property.