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Dilemma and Outlet of virtual property legal protection

Author: LiZuo
Tutor: HeLi
School: Fudan University
Course: Legal
Keywords: Virtual property Legal property Legal protection Internet
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 171
Quote: 1
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Abstract


Along with the rapid development of Internet information industry , the continuous generation of virtual property disputes , caused widespread concern in society . But the very rapid development of the Internet , with supporting legal systems are not perfect , and the legal protection of virtual property issues become the new topic of Legal Studies , and the proposed new strong challenge to the traditional legal theory . Virtual property laws protect the status quo and the difficulties encountered in the above research of others , and made ??a number of recommendations to resolve these difficulties . In addition to the introduction and conclusion , the paper is divided into four chapters . The first chapter outlines the basic issues , such as concepts, classifications , characteristics of virtual property . Virtual property that has the basic characteristics of the property , utility , scarcity and negotiable , there are different from the traditional property, new features, such as virtual deadline , the technology would be limited and recoverability of such . First introduced in the second chapter of legal protection profile network virtual property abroad and China 's Hong Kong and Taiwan , and the Mainland of China, the status of virtual property legal protection , the common form of network virtual property disputes . The third chapter analyzes the two major difficulties encountered by China in the legal protection of virtual property . The first dilemma is that China 's property rights theory , can not be a simple virtual property attributed to a class of property rights , creditor's rights , and intellectual property . The second dilemma is that the problem can not be solved in the judicial practice of virtual property , virtual property itself features a range of existing legislation . Fourth chapter discusses how to solve these predicament First, by making recommendations for the development of China 's property rights theory , attributes of virtual property rights laws to solve problems ; then put forward the idea of special legislation on virtual property , and put forward a number of legislative principles and recommendations , to solve the problem of the legal protection of virtual property ; Finally some other ways to protect virtual property as the perfect complement its protection .

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CLC: > Political, legal > Legal > Chinese law > China and France
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