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On the Civil Law Protecting of Virtual Property

Author: WangQin
Tutor: PengZhenMing
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: Virtual property Civil Protection of Trading Agent
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 365
Quote: 8
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Abstract


The advent of the Internet and the development of human Following the industrial revolution, a new revolution - the information revolution. Not only does it make a productivity leap of human society with a new foundation, the more important it is to change people's lifestyles. Virtual property is in this context that the emergence of a new thing, he brings new challenges for the traditional civil and legal research. The so-called virtual property is provided by the network service providers, there are at disposal for users and virtual network services. Such as online gaming account and equipment, OICQ account, e-mail account. The the civil legal nature of virtual property is not property rights or claims in the traditional sense, it also has the legal characteristics of property rights and claims. Regardless of the legal nature of virtual property, it is the nature of the right is in the affirmative, and the basic value of the civil law is to protect the rights of the civil subject. Rights and civil law system is not static and fixed, but synchronized with the process of social development, it is new interest by providing relief for confirmation, which derivative, the development of new rights. Therefore, the civil legal relations and behavior of the virtual property should have civil law adjusted virtual property should be equal civil protection and other property. About virtual property disputes, mainly divided into two categories, namely disputes between consumers and network operators, disputes between consumers. To reduce these two types of disputes must first clear the rights and obligations of the relationship between consumers and network operators. Although this relationship has been done in the service contract service provider division, but this division is often blurred, or obviously unfair to consumers. Therefore, in future legislation, the rights and obligations of service providers and consumers should be made more clear and fair division, in particular, should determine the custody obligations of information disclosure obligations of service providers and consumers of data. Virtual property damage caused by service providers to stop operations or server data loss due to the determination of these two obligations, consumers, the legal basis of its loss relief. The second is to establish a complete set of virtual property trading order. Based on about 17,173 net coverage, the size of the virtual property market is at least more than one billion yuan. It is understood that only in Chongqing, the value of virtual goods transactions annually through Internet cafes circulation up to thousands of yuan. Virtual property market hot on the one hand reflects the online games network digitization services industry to flourish. On the other hand, the virtual property market to further promote the development of the information technology industry in China. Network transactions on the existence of the transaction security vulnerabilities and the law in the absence of the relevant areas, however, the phenomenon of fraud and infringement of virtual property transaction process. In this case, the establishment of a virtual property trading agent system will greatly reduce such disputes. The so-called virtual property trading agent means the parties behavior of virtual property transactions completed by an agent. Its role is to: first, to reduce transaction costs. Because both virtual property transactions

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