| From the initial entry of the Internet into the public’s field of vision,it has now become an indispensable part of people’s daily lives.The role of virtual property on the Internet has also evolved from the shallower to the deeper,and has become an important product of the technological age.Online game virtual property disputes are increasing and showing diversification.Various types of online game virtual property appear frequently.Legal issues have aroused the attention of all sectors of society.Judging from the current laws and regulations in our country,the related issues of network virtual property are not yet clear,Article 127 of the "Civil Code" protects network virtual property as the object of civil rights,but does not form a unified view and opinion on the legal attributes of network virtual property and civil law protection.However,other laws of our country have very few regulations on network virtual property,so that in judicial practice there have been problems such as the indeterminability of the nature of such property and the difficulty of evaluating its value.Accordingly,various problems caused by such property have arisen.This kind of dispute is "unable to be relied upon" and "different judgments in the same case".In the process of judicial practice,these problems can only be dealt with based on the understanding of similar relevant laws,but they lack authority and professionalism.Therefore,promulgated separate laws and regulations on the protection of virtual property,established a virtual property value evaluation system,standardized the burden of proof,and established a virtual property value appraisal agency,etc.Formulating laws and regulations at the legislative level and improving measures at the judicial level can undoubtedly provide a strong basis and solution ideas for handling virtual property disputes in judicial practice.So as to realize the reasonable and orderly civil law protection of virtual property.From the "Li Hongchen v.Beijing Arctic Ice Technology Company" to the present,my country’s legal circles have not reached a consensus on the definition of the legal attributes of virtual property on the Internet.From the current status of the protection of virtual property in online games in our civil law,we can see that when dealing with the legal relationship of virtual property in online games,we mainly refer to the provisions on tort liability and property rights in the current civil law of our country.Due to the particularity of virtual property in online games,the relevant laws and regulations in this field are not complete enough,and many legal problems cannot be effectively solved only by relying on the existing legal regulations in the civil law.This article introduces the concept and characteristics of virtual property in online games,and clarifies that network virtual property protected by law should have the characteristics of virtuality,value,and legitimacy.As my country’s current legislation does not clarify the legal nature of virtual property,it leads to problems in practice.The judgment is unstable,so the theoretical debate on the legal nature of network virtual property is discussed,which provides sufficient preparation for further analysis of the problem and proposed relevant civil law protection measures.Through the analysis of relevant theories and the problems in practice,such as the over-generalization of legal regulations,the lack of practical talents,and the lack of clear regulations on the management of network operators,the article simply explores the legal attributes of virtual property in online games.Regarding the experience of the civil law protection of network virtual property outside the territory,this article introduces the current status of the legislation on network virtual property in the United States,South Korea and Japan.On the basis of drawing lessons from the advanced foreign legislative models and absorbing their legislative experience,how to strengthen my country’s online game virtual property The civil law protection of China proposes specific plans and measures in order to provide a reference for the civil law protection of virtual property in online games in my country.Due to the great similarity between network virtual property and real rights,it is protected from the perspective of real rights.In addition,some suggestions have been made from the perspective of tort liability and other perspectives,such as expanding the scope of adjustment of the "Civil Code" and making the network virtual Include property,clarify the principle of liability for infringement of virtual property on the Internet,improve the issue of the inheritance of virtual property on the Internet,etc.,which form a good supplement to the construction of the civil law protection system of Internet virtual property,and can also provide certain guidance for related judicial and law enforcement.At the same time,it can also better enhance the awareness of netizens to maintain their own virtual property,thereby promoting the maturity and perfection of my country’s civil law protection of virtual property,so that even on the virtual platform of the Internet,the items worthy of protection can be comprehensive and detailed.protection. |
