Research On The Legal Attributes Of Network Virtual Property

Under the development of Internet technology,the number and types of online virtual property are constantly increasing,and their formation methods are becoming increasingly diverse,the circulation,division,inheritance,elimination and other behaviors of online virtual property are increasing,and the corresponding disputes are also increasing,and different stakeholders put forward different demands for their own interests.The Civil Code only formulates general provisions for this content,but does not explicitly indicate the legal nature of online virtual property.In this regard,the academic circles have carried out research on the legal attributes of online virtual property,and formed a variety of theories.Clarifying legal attributes can better determine the application of legal norms,so it is necessary to explore and determine the legal attributes of online virtual property.To this end,the techniques of generalization,induction,summary and analogy will be adopted to discuss the theories formed in the existing research,and compare and analyze the advantages and disadvantages of each theory and the protection of online virtual property,so as to characterize the legal attributes of online virtual property and seek ways and methods to resolve disputes.After research,it has been found that intellectual property rights attribute online virtual property to intellectual achievements,and can protect online virtual property that can be recognized as intellectual property if it is innovative;The theory of property rights and claims is more inclined to the theory of property rights,but for innovative online virtual property,the protection of property rights theory is not as strong as intellectual property rights.The theory of new rights best covers the characteristics of online virtual property,but lacks specific legal guidance.Therefore,the characterization of the legal attributes of online virtual property should not be limited to a certain theory,if a special regulatory system can be formed,it is better,but if it cannot be formed,it should be defined as different attributes for different types of network virtual property,and jointly protected,the main classification standard is whether it has originality,can be protected by intellectual property rights,and if it is not original,it cannot be protected by intellectual property rights.