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Virtual property protection of the status quo and countermeasures

Author: HuangZhenYu
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Virtual property Legal property Protection
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 304
Quote: 2
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Abstract


Virtual property is in the network society and the rapid development of online game industry, produced under the new things, the legal issues associated with this proposed are realistic. How to build a virtual property legal protection mechanisms become imperative. Because virtual property laws property status is not clear, the regulatory system is imperfect, most cases are not filed or filed after failed subsequent processing, in judicial practice lead to many problems. This study of the conservation status of virtual property, maintain network security and social stability, raised new issues. This paper introduces the concept of virtual property, development process, legal attributes, and relevant legal issues involved, followed by introduction of overseas network virtual property protection legislation and practice situations and in the online gaming industry is relatively developed in Shanghai as an example of the conservation status of virtual property, pointing out that China's current legislation on the protection of virtual property has not been expressly provided, but in practice about the network virtual property cases (thing) pieces and endless. In theory combines traditional property protection, while making reference to the parties to legislative and judicial practices, according to the actual situation in China, from a legal perspective protection, administration route, and related social forces put forward three points on the network virtual property protection measures and suggested that in judicial practice to deal with the type of case (incident) cases have targeted and maneuverability. Finally, the proposed \protecting the interests of relevant parties, the parties expressly obligation to make our network of social and online gaming industry healthy and orderly direction. Paper is divided into four chapters. The first chapter, \on our current network virtual property attributes identified major doctrine of the assessment, that the virtual property with property characteristics and attributes, is a new property right, the judicial practice can be included in property law adjustment range. The second chapter, \, imputation principles and methods of compensation and other issues were preliminarily. The third chapter, \reference. The second part of the conservation status of virtual property analysis are introduced, and the Shanghai area, for example, through the relevant data (the number of such cases is 110 alarm, etc.) comparative analysis of network points out the status of virtual property protection is \laws and regulations favorable to the network virtual property protection, \Finally, it indicates that the protection of virtual property urgency and necessity. The fourth chapter, \level protection, mainly from the substantive law, procedural law, judicial interpretation and separate legislation to protect the four directions proposed countermeasures and suggestions, including separate legislation in this way \, not expressly provided for in the legal case, the administrative department may first introduced regulations or departmental management for regional management pilot, for some judicial practice problems often encountered norms and useful exploration; Third, other protective measures, such as a clear network gaming operators and online gamers rights and obligations, the industry self-regulatory organization and management. Proposed network has become an integral part of life, network virtual property industry has implemented remain. Times are changing, social development, theories should be updated, our ideas should advance with the times and not be subject to the shackles of the traditional theory, try to make our virtual property deserves protection and reasonable.

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