| With the worldwide popularity of online games,virtual property of online games has also attracted more attention from people,and the public,especially the consumers of online games,have been increasingly strengthening the protection awareness of game property.However,the social problems caused by the virtual property of online games are still very serious.Because the virtual property of online games has not appeared for a long time,it has not received enough attention in the legal ideology,and the existing laws and regulations are deficient,so the disputes of virtual property of online games have not been properly resolved.By sorting out and analyzing the existing cases of virtual property in online games,this paper can summarize the difficulties in judging virtual property in online games in current judicial practice.Meanwhile,it can also analyze the shortcomings of the existing civil law system on the protection of virtual property in online games,draw on the successful experience of foreign countries,and then put forward several suggestions for improvement.The first chapter is mainly stated the typical cases of online game virtual property,by analyzing the basic facts and the written judgment of the court,it is concluded that case of disputes,including the ownership of the online game virtual property,the network game operators and players both parties rights and obligations,the application of the law and the reality of online game virtual property value.The second chapter is an overview of the virtual property of online games.Firstly,the article elaborates the meaning and characteristics of the virtual property of online games,and then sorts out the academic views on the legal nature of the virtual property of online games.Finally,the article puts forward the author’s views on the nature of the virtual property of games.The third chapter mainly analyzes the deficiencies of the existing civil legal system for the protection of virtual property in online games from the legislative and judicial levels.At the legislative level,the existing provisions are too general.Judges need to make use of other provisions of the Civil Code when trying disputes over virtual property.On the judicial level,the ownership of the main online game virtual property is unclear,the rights and obligations of online game operators and players are not equal,and it is difficult to identify the value of online game virtual property.The fourth chapter is the analysis and reference of foreign online game virtual property legal protection system,mainly introduces the relevant experience of the United States,Japan and South Korea.America’s approach is to put the virtual property as personal property protection,and Japan,it is the game virtual property disputes settlement for different way,South Korea’s approach is to make clear a regulation game virtual property legislation is the belongings gamers,protected by law.The fifth chapter is about our country the Suggestions to perfect the civil law protection of network game virtual property,aiming at the problems in legislation and judicial practice,puts forward should clarify its legal attribute and right ownership,standard network game service contract,to perfect the network game virtual property value cognizance system and perfect the network game virtual property dispute resolution mechanism. |
