On The Legal Nature And Civil Law Protection Of Online Game Equipment

As a type of network virtual property,online game equipment has aroused a lot of discussion in the theoretical and practical circles.Starting from the definition and characteristics of online game equipment,this paper seeks to explore its legal nature,identification of ownership and protection of civil law.In the research,deductive research method from general to special,inductive research method from special to general,and literature research method and case study method are used.In view of the legal nature,through the comprehensive analysis and evaluation of different views on the nature of virtual property in the current academic circles,it is clear that online game equipment is more in line with the view of real right theory and meets the needs of theory and practice.That is to say,the right of the oblige to the equipment of online games is a real right that can be totally exclusively controlled by the owner,and should be recognized as the nature of real right.In view of the ownership of online game equipment to game operators or players,we need to proceed from the technical principle of online game equipment,combined with the theory of property rights change,analyze the situation of original acquisition and successive acquisition,and draw the conclusion that the game equipment in the player's account belongs to the players.In view of the insufficient protection of the cyber virtual property represented by cyber game equipment in civil law in our country at present,combining with the current situation of legislation in our country,taking comparative law as the research method,this paper investigates the legislation of other countries(regions),analyses the parts of which have reference significance,and takes the legal protection of cyber game equipment as the breakthrough point,and then puts forward the law of cyber virtual property.Proposals for legal protection.Suggestions are made to clarify the game equipment as a qualified object of real right under the real right law system,to clarify the principles of liability for infringement disputes involving different subjects,to clarify the distribution of burden of proof of relevant infringement subjects,to formulate the criteria for determining the value of game equipment,to clarify the right of compensation for spiritual damage caused by infringement of game equipment,and to restrict the rights of game operators through special laws and regulations.Expanding,exploring online arbitration or mediation,further establishing the effectiveness of electronic evidence,formulating a single law for virtual property such as game equipment,etc.We should improve the protection of virtual property on the Internet from various perspectives,so that Article 127 of the General Principles of Civil Law can be truly implemented.