Research On The Civil Dispute Of Network Virtual Property

The problem of network virtual property has been studied for many years,and scholars have reached a consensus on some views,which is mainly embodied in the property of network virtual property.It is generally believed that network virtual property can be regarded as a new type of property and be included in the scope of protection of civil law,but there is still no final conclusion as to what kind of right object network virtual property should belong to.There are a large number of people who support the theory of real right and the theory of creditor’s right.The scholars who support the theory of real right think that "tangible" should not be regarded as the limiting condition of "thing" in civil law.In order to adapt to the current social development,intangible property should also be included in the scope of protection of civil law,and this new type of property should be protected as the object of real right There is a contractual relationship between the business and the user,the two parties conclude a service agreement,and the network virtual property is the service content,which belongs to the protection of creditor’s rights.At present,the two views are also the main basis for the court to hear the virtual property disputes,but there is no consensus among the courts,and there are different judgments in the same case.According to the different types of virtual property,civil dispute cases of network virtual property can be divided into the following six types: game role dispute,online shop ownership dispute,account number dispute,digital currency dispute,game props dispute and virtual game currency dispute.After analyzing these six kinds of disputes,this paper finds that both the theory of real right and the theory of creditor’s right have shortcomings in practical application.Although the view of property right demonstrates the necessity of the network virtual property as property right protection,and constructs a complete system of property right protection,due to the contractual relationship between network service providers and users,it is agreed that network service providers should have the ownership of network virtual property,while users only have the right to rent.Under the limitation of creditor’s rights,the view of property right is meaningless Law has been applied in practice,but the court which directly determines the identity of the user’s owner has been ignored.The result of the judgment can not substantially solve the content of the dispute between the two parties,and violates the principle of relativity of the contract.The problem of the theory of creditor’s rights is that although it can solve most of the current disputes,when there are problems of network virtual property pledge and the third party In the case of infringement,due to the lack of legal provisions,the court can not rely on it in the trial,so it is a little weak.It can be seen that the views of real right and creditor’s right have their own advantages and disadvantages in the trial of cases.In this regard,the author thinks that we should start from the perspective of dispute resolution,take the theory of property rights and the theory of creditor’s rights as the trial basis of different network virtual property disputes,bring the digital currency into the field of property rights protection,and include the account number,game props,virtual game currency into the field of creditor’s rights protection.Under the current legal background,we can clarify the focus of disputes between the two parties,and ensure the network security Virtual property dispute is an effective way to get substantivesolution.