| There are many kinds of network virtual property,and social account is one of the most important ones.Network social account is an indispensable tool for modern and contemporary human social interaction,which has both property and personal value.In2017,Article 127 of the General Principles of Civil Law of the People ’s Republic of China formally incorporated network virtual property into the scope of legal protection.Network virtual property has officially become the object of civil law protection.The Civil Code,which entered into force in 2021,follows the provisions of the General Principles of Civil Law on network virtual property,but the Civil Code only stipulates the general direction of network virtual property,and does not involve detailed rules such as legal attributes and attribution.In judicial practice,there are many disputes involving the ownership of social networking accounts.The court lacks legislative follow-up and theoretical guidance in the judgment.There are disputes over the legal attributes and rights of social networking accounts.The study of social networking accounts is conducive to providing ideas for judicial decisions.Online social account is a kind of account property,which belongs to the category of network virtual property.It refers to various dependent data and interests stored in social software with social interaction function,account and password as login tools.The social network account belongs to the new type of property,which is different from the property in the traditional civil law.There are four mainstream theories in the theoretical circle.Under the current legal system of our country,the property right theory is the most consistent with the legal attribute of the social network account.To study the ownership of social networking accounts,it is necessary to discuss the rules of property right change of social networking accounts.In terms of the acquisition of account ownership,there is a dilemma that the acquisition of account ownership is inconsistent with the logic of its value generation.In practice,the value of the account is generated by the user and occupies the disposal,but the operator controls the ownership of the account through the user service agreement.It is necessary to improve the network social account ownership acquisition system to protect the legitimate rights and interests of users.In the transfer of ownership of social networking accounts,the transfer of accounts is effective,but it needs to be limited by the protection of personal privacy.The loss of ownership of social networking accounts is divided into relative loss and absolute loss.The transfer of social networking accounts is a relative loss.The absolute loss of ownership of social networking accounts includes the cancellation of accounts by users,the recovery of accounts by network service operators and the cessation of social accounts by operators.There are differences between the relief ways of social networking accounts and the relief ways of tangible objects in reality.The relief way can be determined according to the different loss ways of the account.The ownership of social networking accounts is a particularly concerned issue for users and network service operators in reality.Based on the ownership theory in the property right system,this paper discusses the acquisition,transfer and loss of ownership of social networking accounts,expounds the problems existing in the change of ownership of social networking accounts in reality and puts forward some solutions,which can protect the legitimate rights and interests of users and provide some research ideas for network virtual property. |
