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Abstract

With the development of the Internet, as of the end of June 2010, the scale of China's Internet users reached 420 million people, the size of the web game users reached 105 million in the development of online games while emerging virtual property disputes. In 2003, the country's first virtual property theft cause of action, Chaoyang District People's Court ruling, the judgment of the virtual property in the game is considered to be one of the intangible property. The verdict caused a virtual property scholars uncertain legal property of network virtual property in the course of the study, many scholars only study point concerned about the nature of property rights to virtual property in the network, but it belongs to what property rights and debating; network virtual property protection path study is not enough. This article looks at the legal property of the \The clear virtual property rights of nature, to provide some guidelines for the improvement of legal protection. The paper is divided into three parts introduction, body and conclusion, which body part consists of the following four chapters: The first expounded Chapter connotations and characteristics of virtual property, and analysis of the property that can be pointed out that the network virtual property has objective reality common attributes of usefulness, scarcity, controllability property should belong to the property in the legal sense, and pointed out that the network virtual property virtual sex, duration as well as the dependence of the characteristics, followed by the academic world on the nature of virtual property rights different points of view, including property rights, said claims that new property intangible property, said intellectual achievements be compared on the basis of the author's point of view, that is, the network virtual property rights are property rights. Chapter II through legal offshore virtual property protection system and related case analysis to provide a reference for the construction of the legal system of the virtual property, followed by focusing on our country legal protection of virtual property state, our Constitution, the Civil Code General \Chapter, for the status of virtual property disputes in China, make relevant recommendations and advice, first put forward the guiding principles of civil law protection, look at virtual property should open the perspective of development, followed by to propose civil law protection channels, including property rights protection, infringement law protection, contract law protection in three ways, property rights protection is focused on virtual property claim of the right, the right to the return of the original request, prejudice applicable conditions to clarify the right to exclude and eliminate dangerous request restitution claim, the virtual property rights tort liability analysis is mainly related to the type of virtual property infringement, the constituent elements of the tort liability. Contract law protection for the effectiveness of the user agreement, breach of contract accountability issues. Chapter IV on the basis of the previous three chapters discussed network virtual property from the entity and procedural point of legal protection recommendations.

Civil Protection of Research of network virtual property

Abstract

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