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On the Network of Civil Law to Protect Virtual Property

Author: LengBaiSong
Tutor: WangYanMing
School: Jilin University
Course: Legal
Keywords: Virtual property protection of civil law
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 243
Quote: 1
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This article from the virtual property laws defining attribute start, as well as virtual property legislation to protect some of the basic issues in-depth analysis. The full text of three parts.The first part of the concept of virtual property, and its legal attributes. Network of "virtual property", also known as "net income", that is, dependent on cyberspace in a virtual environment exists, belongs to gamers to control the resources of the game. The property features a virtual network of virtual property with the development of the network and developed, it has a virtual, value, reality, the legitimacy of a period of the features. This also indicates that the virtual world and can not be completely divorced from the real world exists with the above-mentioned characteristics of the virtual property, though only in the presence of a virtual community of the game, they can still rise to the social reality of the relationship between the occurrence of the law, leading to the reality of the legal adjustments necessary. Civil law tradition all the way through to the large number of scholars have been accustomed to for any of the rights of property claims for property and the type of division. This is an order that the property claims and said that led to a number of different perspectives. The first is that the intellectual property rights, and the other is that the claims, claims that the main view was that the network is a virtual property only player to request the network service providers to provide specific services to the content of the evidence that the debt rooted in the relationship between player and Web services Business relations between the service contract. In my opinion, said that the claims could not explain the virtual network on the property reflect the domination of the right, the right to the characteristics of the world. That is, once the players after the virtual items do not need to after the game operators the freedom to agree to dispose of those assets, but also against any other person, including games against the operators. The request for the right to claim obviously does not have the characteristics of this. Third, property rights, said. Property, said that the point of view, a virtual network of property is essentially electromagnetic data records should belong to the invisible object is to pay the players on the network, such as the time of labor input directly or through the purchase of currency obtained, of course, entitled to the property. Property claims of the property is mainly relative, property rights agreement, which set up the property, such as the exercise is not a legal party but by the contract. Property of the "agreement" under certain conditions can break through "the legal property of" unconditional at the time of disposal, so as to promote the creation of a new property, has made "conditional, with a deadline" could be the type of property. As a result, the network can be said that the virtual property is one of the more complex form of a property. Through the above-mentioned article, part of a detailed analysis of the obvious can find a virtual network of properties, many of the characteristics of the property. For example, online games, because of the large number of players, the game characters owned by the "equipment" and "items" can be said to be non-specific for most people. Moreover, this right is a negative right can only be one or the other network service providers, operators had abused their time, the rights of people in order to file for court. But at the same time, entertainment in the network of its players "equipment", "items" such as the right to also have the characteristics of debt. Players such as the transfer of "equipment" does not have the publicity procedures, but the sale can be carried out between the parties. But also due to a server in the number of players is fixed, so even if the player on-line auction, the face we can see whether or not the number of objects from the point of view, is a particular minority. So, in a virtual network on the performance of the property directly to the dominant characteristic of dependence and is the property claims and mutual penetration, property claims of the product.The second part of the civil law to protect virtual property rights analysis of the necessity and rationality. First Virtual is the need for the protection of property rights, civil law. I believe that civil law to protect virtual property rights, mainly the need for the following two aspects: first, by the virtual property rights, serious violations of the status quo by the decision, and the other is a virtual property rights required by the civil legal system to protect the status quo of the decision. According to the existing law to protect virtual property, there are still many obstacles to the customer is difficult or as difficult to prevent infringement, the difficulty of proof, the duties and responsibilities will be difficult to balance the interests of the difficulties. This was followed by the civil law to protect virtual property rights of the reasonableness of the analysis. First, China and France to determine the rights and interests related to virtual property ownership because property rights can virtual property interests, the interests of creditors, the interests of copyright. Second, China and France can adjust the virtual property rights dispute. No matter what channel is through the use of what kind of method to solve the surrounding virtual property rights dispute justice, civil law no doubt provides us with the best solution.The third part of the property to build a virtual network of civil protection system. This chapter is also the focus of this article. From the three main aspects of the. The first is to strengthen and improve the relevant legislation. The law is bound by the virtual world a powerful weapon to strengthen and improve the relevant legislation is to protect virtual property of one of the effective measures. Network belonging to something new Web-based and social relations have an objective reality, it is the real world than there are special. The growing reality of such disputes, and the adjustment of social relations is still in legal vacuum. Since virtual property is a legal sense, property rights, it should protect them. The author believes that legislation from the point of view, and resolve issues related to virtual property is an important and convenient way as soon as possible is related to legislation or judicial interpretation. The second is a clear game operators and players between the rights and obligations. Third, the establishment of networks of virtual property dispute resolution system. V. including pre-settlement mechanism, on-line arbitration mechanism (to build the institutions of arbitration, arbitration, the arbitration proceedings). Fourth, virtual property rights violations should bear civil liability. From responsibility for breach of contract, infringement on two aspects. Finally, I violated the spirit of the virtual property damages issue on its own. The author believes that the network virtual property is a property and legal, as long as they can determine the character of virtual items symbolic significance, leading to virtual property violations of all serious moral damage, can claim. As for the compensation standards in accordance with the provisions of judicial interpretation to determine. The legal community as a reflection of the relationship should be to establish the legal status of virtual property, in order to force people to take public assistance to protect their own rights and interests lay the legal basis and at the same time from the substantive and procedural laws up to improve relevant laws and protective measures. The specificity of virtual property in the decision not to change the existing civil law system to take a single law to regulate the way physical and procedural problems more effectively. The model legislation on the macro-and micro-choice on the specific rights and obligations of the distribution, and the author for the construction of a virtual property with the aim of the practical and substantive law on the protection of the model. At the same time, in the procedural law also established a virtual property protection system and special technical requirements. Of course, if you want it to be approved by legislators, the majority of the participants in virtual compliance with the property relations, a long way to go.

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