In the 21 st century of scientific and technical penetration,the information industry flourished,the development of related industries supported by the Internet is extremely rapid,playing an important role in the market economy,of which the online game industry has once,and the virtual property disputes related to online games Also increased,the issue of civil law protection of online game virtual property has gradually become a hot spot in the judiciary.At present,"Civil Code" has made a general provision for the protection of virtual property,providing a clear request based on civil protection of online game virtual property,but because of the provision too principled,in theory and practice There are still some ambiguity.This paper uses online game virtual property as research objects.Through the analysis of legislation and judicial practice of existing laws,the main problems of the protection of civil law are summarized.After in-depth exploration of the causes of problems,they absorb the domain outside online games.The related use of virtual property protection has proposed a targeted proposal in accordance with justice.details as follows:The first part introduces the different views of the online game virtual property definition,and determines the semantics of "online game virtual property",summarizes the characteristics of online game virtual property,and analyzes the discussion and opinion analysis of different theories.The legal properties of online game virtual property and their properness should be protected.The second part starts from the two dimensions of legislation and judicial status,combined with representative case analysis in practice,proposes problems in the process of protecting the virtual property of online games,including the court’s judgment to the online game virtual property.The law is unclear to protect the object of the object,and the non-perfection of relief procedures has caused difficulties in the maintenance rights of formatting and the loss of property damage in disputes.The third part focuses on the use of interest balance theory,the theory of labor value,and the intangible property theory explains the specific causes of the presence of the status quo,including the multi-diversity of network game virtual property involves the main body of property,the invisibleness of the property rights and virtual property leads to the object of legal protection Attributes unclear,format terms hinder the free transfer of virtual property,and lack of digital labor value for virtual property.The fourth part is the protection of the domain network game virtual property in the civil law system,summarizing the experience of civil law and the enlightenment to my country,which introduces representative legislation and judiciary of countries with mature virtual property protection,The method of analysis summarizes the improving civil law system,and the user agreement should standardize and build a virtual property assessment mechanism,etc.,provide a benign reference for my country’s improvement recommendations.The fifth part is based on the problem,reason analysis,and the external revelation,combined with the practice of civil law protection in my country,including the type of improvement,including the type of online game virtual property,and identify the legal responsibility of the network game virtual property.In response to the format terms to improve the freedom transfer and supporting relief system and accurate identification of value damage in online game virtual property disputes,the civil law protection of online game virtual property is further improved,and the protection of the upper concept of virtual property is provided thoughts on reference. |