Research On The Separation Of Network Virtual Property In Divorce

The rapid development of Internet technology is increasingly changing our social and economic structure.Network virtual property with economic and exchange value has gradually entered the public’s field of vision.Various changes of the times.The article mainly discusses from the following four parts:The first part is the preface and typical case analysis.It mainly introduces the "first case of network virtual property" and three important cases of network virtual property when divorce is divided.At the same time,it concludes that the concept of network virtual property is unclear,the scope is unclear,the assessment method is not clear,and the ownership Legal issues such as confusion.The second part is an overview of network virtual property theory.First of all,it is determined that the research in this paper is a broad concept,and it is concluded that the virtual property of the network uses the network as a carrier,expressed in the form of electromagnetic data,can be dominated by a specific subject,and has new value and property that can transfer rights;The characteristics and scope of virtual property;finally,a comprehensive analysis concludes that network virtual property is a kind of virtual object,and at the same time,it is a new type of property that can be exchanged,and then it is a conclusion that it belongs to the object of civil rights.The third part is the current situation and dilemma of divorce and division of China’s online virtual property.First,the online virtual property is mainly represented as the division of online stores in the divorce division;second,in the specific division,there are problems such as gaps in the division basis,confusion in the division of ownership,ambiguity of legal documents,and difficulty in proof.The fourth part proposes solutions to legal dilemmas.First,during the existence of the marriage relationship,it is necessary to divide the virtual property of the network;secondly,it proposes the existence of the distribution of the virtual property of the network in the divorce and the protection of privacy principles,etc.,establishes a direct division and price compensation,etc.Key points such as clear division basis,standardized document expression of "platform + domain name + name",comprehensive determination of value,exploration of new path for evidence fixing and submission of "third-party virtual storage system",and strengthening management of network operators;finally To propose solutions to problems such as difficulty in the execution of referees and lack of protection of rights after the marriage relationship is dissolved.