| With the rapid development of the Internet,more and more people live,study,entertain and work in a bizarre virtual world,where most of them have acquired some kinds of virtual property.Where there is interest,there are interest disputes.Since China’s Network Virtual Property First Case in 2003,the virtual property dispute has officially called for the involvement of laws,which immediately attracted the wide attention of academia and the practical field.Article 127 of the Civil Code,implementing on January 1,2021,was established to protect virtual property on the Internet.However,as this provision serves as an inducible norm,it cannot guide the court decisions.Its avoidance of the legal attribute and ownership of rights for the virtual property on the Internet also led to increasingly fierce debates in the academic circle on the identification and protection of virtual property on the Internet,with various views competing against each other.Based on the increasing number of disputes caused by virtual properties,it is necessary to put forward a feasible scheme to solve the problem,taking the existing judicial dilemma in our country into account while introducing some relevant theory basis.Specifically,in addition to the introduction,this article is divided into five chapters:Analyzation of basic theories of virtual property on the Internet.As a novel product creation spurred by the Internet technology,a brief introduction to the concept and characteristics of virtual property is of necessity in order to outline it,followed by showing the main types of existing network virtual property.Status quo of the Civil law protection for the Internet virtual properties.Firstly,on the legislative level,this paper summarizes the relevant provisions and norms about the Internet virtual property in China.Secondly,On the judicial level,this paper analyzes the cases of civil disputes caused by virtual property in order to reflect the practice status quo of civil code protection of virtual property in network.The resources of the cases in this section are the crossing search results in the Peking University Judicial Case database using Internet virtual property,virtual property,and virtual objects as keywords.Reflection on the current situation of Civil law protection for the Internet virtual properties.Based on the analyzations in the previous section,the deficiency of legislation and judicature were summarized about Internet virtual property in China.On the legislative level,because there is only the inducing clause in Article 127 of the Civil Code,it remains obscure to judge the legal attribute and the subject of right towards the Internet virtual property.there are also gaps in the inheritance and protection of virtual property on the Internet,and the legal resources are really stretched.On the judicial level,due to the lack of legislative provisions,various jurisdictions have different judgment standards for civil disputes on Internet virtual property.There are major drawbacks in the application of the certification system,the judgment of property value,and the reasoning of court judgments.Discussion about the existing experience and practice of Civil law protection of Internet virtual property from the perspective of comparative law.This paper enumerates legislative and judicial experiences and measures of the United States,Germany and Taiwan region of China when handling the Internet virtual property disputes.Further analysis is made in order to find the reference results for our legislation and judicature.Suggestions to consummate the Civil law protection for the Internet virtual property.This section is the bulky section of this paper.Regarding the issues raised in the section three,the most urgent task shall be to define the legal attributes of the Internet virtual property as the object of real right at the legal level,and to assign different rights according to different types of the Internet virtual property. |
