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Studying on Legal Issues of Virtual Property

Author: LiuZhiMin
Tutor: LvLi
School: Jilin University
Course: Legal
Keywords: Internet Virtual property Property protection
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 254
Quote: 2
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Abstract


The invention of the 21st century gave us a lot of life brought about earth-shaking changes, including the invention of the computer and development to the daily life of every one of us brought about by the changes should be the largest and most significant. With the development of science and technology, computer technology itself is also engaged in innovation, which have a network of computer technology innovation and change is the most notable.The emergence of network technology and development to our life has brought many benefits, such as the exchange so that we more extensive and easier access to information so that we have a more convenient way. However, the emergence of network technology and development is a double-edged sword in our life and work of many of the convenience and benefits, but also give us some big drawbacks, the network is the virtual property disputes One of them. Rather, online gaming network should be brought to our lives, one of the many benefits it brings to our lives easier and more fun, so that we have in the traditional game of a new more Wisdom of the entertainment tool.With the constant development of online games, the network also will have a virtual property. In the initial development of online games, virtual network and not property, players in online games in just to enjoy the online games bring people’s mental and physical pleasure. However, with the continuous development of networks, network games are also constantly upgrading, has only gradually in the online games in a certain sense of the original network virtual property. Virtual property of different players in the game to get to the network game operators in different levels of service, and gradually make the audience on virtual property requirements have increased. When the network virtual property development to a certain high level of technology, and the audience on virtual property can not meet the demand relative to the needs of the majority of players, virtual property network showed a scarcity of its features, enables network began to virtual property In the virtual world in the form of the transaction. When network in the world of virtual transactions can not satisfy the audience to the growing network of virtual property at the request of the real world of virtual property transactions will come into being.With the network of virtual reality property transactions continue to develop, network virtual property disputes have also gradually, initially only in civil disputes within the context of the reality of the virtual property disputes, but with the virtual reality of the property and the currency link To more closely, in the eyes of many of the 10,000 or almost virtual property has been with us in reality to draw the money equate with the reality we live in the currency symbol is almost the same significance at this time, the network of virtual property On the dispute is not limited to the areas of civil disputes, it also brings the vicious criminal cases and the need for administrative intervention. It is precisely in order to reduce network of virtual property in civil disputes and to avoid or stop because of a network of virtual property in the civilian aspects of the dispute which triggered the criminal case, I believe that in the absence of specific laws or regulations promulgated pursuant to the relevant judicial, on China’s virtual The legal protection of property on or very good, because I hope that their research can bring certain judicial practical reference value, which can be less effective network of virtual property-related civil disputes and criminal cases arising from their It is also this paper, the legal and social significance.This paper is divided into four parts:Part 1: Virtual property overview. First of all, a virtual network of the origin and development of the property, made a brief introduction. This was followed by a virtual network of property and the concept of defining characteristics that the network is the existence of virtual property in cyberspace specific proprietary virtual property, which is currently the main form of a user account, e-mail, virtual currency, virtual items, and so on. As the virtual network of the special nature of the property has the following characteristics: First of all, the network has a natural-dependent, to some extent, it can not exist separate from the network; followed by a virtual network of valuable property and society contact with reality; in the third As the network of virtual property is protected by the law of property, the property in the virtual network on the way to achieve legitimacy; the last network to rely on virtual property due to a specific network space exists, it is in its use, transfer, income, have to work on Network operators provided by the virtual environment can be implemented, it is subject to network operators.Part II: Virtual Network attribute the legal definition of property rights. First introduced a virtual network of community property laws of the nature of the different points of view, the main negative, claims that the property rights, intellectual property, intangible property said. This was followed by the network through virtual property legal nature of the analysis, I believe that theory: First, the network virtual property is not "nothingness" Although its external shape is invisible, but the benefits are real, to act as legal Relations from the object of legal protection. Second, the property can not be virtual network by the Property Rights Law to adjust. Third, the property is not virtual network of intellectual property rights. Fourth, the network claims of virtual property is not right. Fifth, the network of virtual property location of intangible property are too general. After the final analysis, I believe that virtual network of property rights is a new property rights.Part III: Virtual property Legal analysis of the status quo. This part of a number of countries and regions in the network virtual property legal status of regulations were introduced. As the online games industry, one of the most developed countries, the development of Korean online games earlier, the South Korean government has set up specialized agencies to support the development of the online games industry, and for online games to conduct a special legislation. U.S. existing law does not clearly defined virtual property, its Virtual property protection, through interpretation of relevant laws, to expand the scope of application of existing legal approach to solve the problem. And the Taiwan region on the network’s law is also relatively more complete, it is worthy of our reference. Hong Kong’s network of virtual property and that the nature of the legislation on the protection despite its late start, but Bill also has a set of reference. At present, China’s online games on the legislation is lagging behind, China is now a virtual network to protect the property we can only based on the Constitution and the General Principles of Civil Law by the end of 2000, as well as the development of the National People’s Congress Standing "on the decision to maintain Internet security," the general requirements, the majority of players Relevant requirements to protect their virtual property law, specifically the increasing demands for the national introduction of relevant laws have been very realistic and purposeful.Part IV: China’s property law to protect virtual network thinking and recommendations. First introduced virtual network model of the property, that is, the existing interpretation and amendment of laws on virtual property or separate legislation in two modes, both through legislation model of a comparative analysis of the current situation in an objective point of view, I Put through the judicial interpretation of the virtual property protection is more feasible. Finally, the network virtual property to build a system to carry out the specific discussion, including the virtual property protection and civil law and virtual property rights related to administrative, criminal legal protection.

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