Exploring The Protection Of Network Virtual Property Rights From The Perspective Of "Bundle Of Rights"

With the increasing number of related legal disputes,the phenomenon of network virtual property has gradually received a response from China’s legal community.Many scholars have repeatedly discussed and argued on a series of focus issues such as "whether it possesses property","how to define characteristics and categories",and "what legal attribute it is" ? With the promulgation of the "General Principles of Civil Law",the property of network virtual property has been clearly stated,and the object status of civil rights has been established.There are also more consensus points in the repeated discussion on the characteristics and category definition.However,the controversy on the Legal Attribute of Network Virtual Property makes the legislative model always difficult to determine.The judicial judgment lacks an effective legal source,and the protection of network virtual property is in trouble.Based on the reflection on the traditional dual property rights system with property rights and creditor’s rights,this article attempts to explore the legal regulation path of establishing a separate "network virtual property right" from the perspective of bundle of rights for property to resolve disputes about legal attribute and explore corresponding legislative models.The first chapter is based on the existing research results to further improve the definition of characteristics and categories.The addition of features takes into account the trend of decentralization of the Internet ecology by blockchain technology,which will further establish the relatively scarce and limited disposable characteristics of network virtual property.In the category definition,it is opposed to excessive expansion.The feature recognition method is mainly used,and the distinction from similar concepts(data,personal information)is considered,so that its categories can be defined :network virtual items,online stores,and network virtual tokens.The second chapter analyzes the practical dilemma of protecting network virtual property.The limitation of the traditional dual property rights system with property rights and creditor’s rights is the main reason for this dilemma.The legal attribute of thevirtual property on the network should be re-examined from the perspective of property rights.Network virtual property belongs to a new type of property rights object.It is more appropriate to set up "network virtual property rights" separately.In order to promote this view,it is necessary to introduce the theory of bundle of rights for property and explore the legal regulation path of "network virtual property rights" from the perspective of "bundle of rights".The third chapter discusses the reasonable path of the theory of bundle of rights for property,researching network virtual property rights.By analyzing the deconstruction process of property by “bundle of rights” theory and the past application of the “bundle of rights” theory by domestic scholars,the two footholds of the “bundle of rights for property” theory research network virtual property rights are established,that is,the content configuration of the bundle of rights and the resolution of conflicts of the bundle of rights.Chapter 4 and 5 start from these two footholds and discusses the legislative model of the network virtual property right bundle.The first is to clarify the content and configuration of the bundle of rights for the network virtual property: network users have access rights,use rights,and disposal rights,and network service operators enjoy management rights and cancellation rights.The second is to analyze the common conflict situations of bundles of rights for network virtual property rights,such as "termination of operations","block account","infringement by third parties","transfer","performance" and so on,based on the "advance research" method and "modular" scenario thinking.Then conflicting regulates the order of bundle of rights and clarifies the methods of rights remedy briefly.This article hopes that through these two applications of perspective of the bundle of rights,we will explore the path of legal regulation for the establishment of "network virtual property rights" separately,and promote the protection of network virtual property rights out of the predicament.