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Abstract

Because of the delay of legislation and the arguments in theory circle,the civil protection of network virtual property has already lagged the need of realty There are some deficiencies in theory circle,leading to the work of legislation keeping stationary.To protect the network virtual property,its attributes should be concerned ,and its rules should be clarified,and the basis and mold should be regulated. To its nature ,the virtual property is a kind of "virtual res",that is,the law about res can be adopted for virtual property, but the virtual property itself isn’t res. The tort of virtual property is a violence of this "res".Based on the specific of virtual property,this behavior is a kind of special tort .So we can protect it as the mold of presumption of fault .The liability of liability for tort and liability for breach of contract comes from the the breach of security guarantee obligation. In a word ,we must consider the problems by a developing view, so as to formulate a adapted-law. It need rethink the existing theories ,going forward in the sublation. Nowadays the transaction about virtual property is prosperous. Speeding up the steps of legislation, improving the system of the third party and strengthening the civil supervision are extremely urgent .With more and more people paying attention to the virtual property and with the steps of legislation going fast, we firmly believe that the development of virtual property will be better in the foreseeable future.

On Civil Protection of Network Virtual Property

Abstract

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