Research On The Property Right Attribute Of Network Virtual Property

The "General Principles of Civil Law" stipulates that "if the law has The general principles of the civil law of the People’s Republic of China stipulates that "if the law has provisions on the protection of data and network virtual property,such provisions shall prevail." However,this provision only makes a general provision for the network virtual property,and does not specify the legal attributes and relevant supporting legal measures of the network virtual property in detail.There are still disputes and difficulties in the judicial practice.In recent years,there are more and more cases about the network virtual property.In the case of no qualitative analysis of the network virtual property in the relevant legal system,the court generally applies the property law or the tort law and the copyright law to make decisions.These laws and regulations have flaws in the protection of the network virtual property.This paper will focus on three aspects of the network virtual property Based on the typical cases,this paper expounds the concept of network virtual property.On the premise of affirming that network virtual property belongs to real right,it analyzes the malpractice of its property right attribute in the current legal practice,and puts forward relevant suggestions for the real right protection of network virtual property.The first part of this paper is the introduction,which introduces the background and significance of the topic,as well as the research methods used in this paper.The second part of this paper lists three typical cases about the network virtual property,including the tort case between Zhong Qiang and the defendant Netease company,the contract case between Zhang Haichao and Jinan manwei Information Technology Co.,Ltd.and the contract case between Chen Jian,Chen Longjie and Zhang Zhengyou.I briefly analyze the case and summarize the focus of the dispute,that is,whether the network virtual property is The property protected by law;whether the networkvirtual property has the property right attribute;if the network virtual property is defined as the property right attribute,whether there are disadvantages.The third part of this paper focuses on the focus of the dispute,analyzes the legal attributes of the virtual property,the comparison with other attributes,and the disadvantages of the property right attributes.The fourth part of this paper is the conclusion and Enlightenment of this paper.Through the analysis of the property right attribute of network virtual property,it draws a conclusion and puts forward some suggestions for its protection.