Research On Recognizing The Legal Nature Of Network Virtual Property

Nowadays,with the rapid development of the Internet and information technologies,the connection between real life and the network world keeps deepening.The Internet has become an indispensable staff in this era.The booming development of a field is bound to bring a great deal of wealth.The concept of network virtual property naturally comes into the public eye.The Internet gives birth to all kinds of network virtual property,followed by various kinds of network virtual property cases increasing.The contradiction becomes sharper and sharper,even threats the harmony of real life and the orderly development of the network world.Therefore,the protection of network virtual property is very important.Faced with this situation,the latest Civil Code has already accepted the network virtual property into the provisions and into the legal protection.However,due to the particularity of the network virtual property,different parties have different understandings in the legal nature when interpreting it.At the same time,there are an endless number of cases related to the network virtual property in daily life,and it is urgent to publish corresponding laws to regulate and protect it.In order to coordinate the needs of both parties and ensure the smooth promulgation of the Civil Code,the issue of the legal nature is avoided in the specific legal provisions,which leads to the lack of connotation of the provisions and can only be regarded as declarative legislation.Although this kind of legislation avoids the conflict between the parties temporarily,it inevitably brings the practical difficulties and challenges: when people are subject to the network virtual property infringements,it is difficult to determine the litigation claim and the source of the claim right is not clear;in the process of hearing,judges will also face the lack of clearly and directly quoted legal provisions due to the declaratory legislation,which may lead to different judges’ discretion standards and cause different sentences in the same cases,and ultimately fail to protect the legitimate interests of the rights holders.Network virtual property should be recognized as having real right attribute.On the one hand,when it is investigated from the concept,characteristics and types,it can be found that the extension of the concept of things and its continuous expansion can fit in with network virtual property,its exclusivity and dominance coincide with real right attribute,the main types of network virtual property also belong to the category of real right object,which lay the foundation of its real right attribute.On the other hand,compared with creditor’s right attribute and intellectual property attribute,real right attribute shows great advantages.The defects in the object of right and the relativity of creditor’s right attribute can be well solved by real right attribute.The determination of types of intellectual property attribute and the restrictions on the identification can also be resolved by real right attribute.In addition,in judicial practices,the answer about the legal nature of the network virtual property has been unconsciously implied in the judges’ trial process and judgments.It can be found from the cases that both sides and the judge deal with the disputes from the perspective of real right intentionally or unintentionally when facing the network virtual property disputes.The legal nature of real right is the viewpoint that judicial practices wants to express.Combining with the theoretical analysis and practical investigations,the network virtual property has the legal nature of real right,and the real right rules should be applied to it.