| With the development of information society and the improvement of cyberspace technology,there are many non-physical objects that are difficult to be accurately defined in legal system,including electronic data,virtual objects,virtual currency and other non-physical objects.The Civil Code implemented in 2021 pays great attention to the emerging object of data and virtual property,which closely fits the hot social topics in the network era and lays a legal foundation for China’s network virtual economy.In recent years,the cases involving network virtual property gradually show a diversified and complex trend,and the qualitative and legal protection of network virtual property has been discussed in many countries around the world.However,China’s legal system lacks explicit provisions on network virtual property,and article 127 of the Civil Code fails to reach a unified conclusion on the legal attributes of network virtual property.In order to protect the network virtual property to achieve economic value,it is necessary to supplement and improve the legal norms.However,it is undeniable that the law has a lag,and it is difficult to catch up with the speed of the development of cyberspace technology,which will inevitably lead to the separation of social reality and legal norms.This paper discusses the common cognition of the legal attribute of network virtual property and the possibility of application of relevant legal provisions in the existing legal system.Based on the provisions of article 127 of the Civil Code on virtual property,this paper discusses the different treatment of the judicial practice of virtual property,and finds the appropriate position for the relevant provisions of the real right part,the contract part and the tort liability part in the regulation of virtual property.At the same time,it combines the upper-level law "Constitution" and the lower-level law "Consumer Rights Protection Law","People’s Republic of China Computer Information System Security Protection Regulations","Internet Information Service Management Measures" and "Ministry of Culture,Ministry of Commerce on the The relevant legal provisions involving online virtual property in the Notice on Strengthening the Management of Virtual Currency in Online Games interpret the provisions of Article 127,in order to present a complete set of online virtual property system in the Civil Code.In the process of presenting the network virtual property system in the civil code,the problems existing in the system gradually emerge.In summary,there are three main points:first,the qualitative nature of network virtual property is not clear;Second,network virtual property infringement protection is insufficient;Third,network virtual property inheritance rules are absent.These three problems comprehensively reveal the disadvantages of network virtual property system from three dimensions and are also common problems that cannot be avoided when discussing network virtual property in law circle.Chinese scholars have made a lot of discussions on the problems existing in the network virtual property system and put forward suggestions for improvement.The innovation of this paper is to combine the relevant legislative provisions of the network virtual property in South Korea,where the network virtual industry is more developed.The article analyzes the content of the Korean virtual property system,in order to seek the reference for the perfection of China’s virtual property system from the legislative experience of Korea.From specifying the network virtual property legal qualitative,to strengthen the regulation of network virtual property infringement and formulation of network virtual property inheritance rule these three angles,discussed the developing trends of virtual property in our country and the judicial practice,the greatest degree to fit the situation of our country put forward some proposals to perfect the civil code of network virtual property,to provide reference for the follow-up of virtual property legislation in China. |
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