On The Enforcement Of Virtual Property In Online Games

The virtual property of online games is the product of the development of science and technology.The research on virtual property in substantive law has a long history,while the research on virtual property in procedural law is very few.In judicial practice,there are more and more disputes on virtual property of online games,However,there are different arguments about whether this new form of property can be included in the scope of compulsory enforcement and the application of enforcement system.This issue has the practical need to be explored and improved.From the introduction,the enforceability of the virtual property of online games,the implementation dilemma at this stage and the improvement of the implementation system are discussed in four parts.The first part is the overview of virtual property and the research status at home and abroad.First of all,the concept of network virtual property is defined,that is,network game virtual property is a narrow sense of virtual property,especially refers to the existence of virtual property relying on the network game operation environment,and the circulation scope is limited to network games.The virtual property of online games is the product of the development.The second part first analyzes and expounds the suitability of the virtual property of online games as the object of execution,and then analyzes the feasibility of the compulsory execution of virtual property of online games from the realistic level.As a new property right,the core focus of the dispute about the ownership of virtual property of online games in substantive law is whether the format terms of the user agreement signed between operators and users that the ownership of virtual property belongs to operators are effective,and at the same time,its unique execution conditions are also unavoidable.The third part mainly expounds the difficulties and causes in the process of compulsory enforcement of virtual property of online games in China at the present stage.As far as the enforcement procedure is concerned,the enforcement of online game virtual property is faced with difficulties in value identification,virtual property inspection and control,imperfect price change mechanism and unclear obligations of operators.The formation of the dilemma in the enforcement procedure is related to the insufficient legal supply of the current online game virtual property enforcement and the imperfection of the enforcement supporting system.The fourth part elaborates from two aspects: perfecting the legislation and perfecting the enforcement system.First of all,we should regulate the right attribute of online game virtual property.Secondly,we should promote the enforcement legislation to make the enforcement procedure have law to follow.In the process of judicial practice,we should broaden the channels of investigation and control,improve the mechanism of price change and clarify the obligations of operators to eliminate the dilemma of virtual property enforcement.