On Legal Protection of Network Virtual Property

【Abstract】With the development of the network economy， network virtual property has gradually appeared in people’s lives. Article 127 of the General Principles of the Civil Law of the People’s Republic of China stipulates that “where the law provides for the protection of data and virtual property of the network， it shall be in accordance with its provisions.” This provision integrates data information and network virtual property into the framework of civil rights. It reflects the characteristics of the Internet era in the law and is of great significance to the development of the Internet industry. However， in the current laws of our country， the protection of cyber virtual property is ambiguous and unclear， and the legislation is not perfect. It is not enough to solve the disputes about the virtual property of the network in real life. Therefore， China must improve the legal protection of virtual property and speed up the legislative process of virtual property.

【Key words】network economy; virtual property; legislation; legal protection

【作者簡介】顏楊（1993-），男，四川瀘州人，西華師范大學(xué)法學(xué)院，碩士研究生，研究方向：馬克思主義法學(xué)。

Ⅰ.The Necessity of Network Virtual Property Protection

On the one hand， with the booming development of the Internet industry， the network industry has created enormous economic value. As an important part of the network industry， network virtual property has made tremendous contributions and deserves better protection from the law. Better development is of great significance to the maintenance of the legitimate rights and interests of network users. On the other hand， network virtual property has broad market prospects. The network virtual property has a large number of transactions in its life， and has its own fixed set of trading modes. In the Internet world， two groups of operators providing services and consumers receiving entertainment have been formed. The benign interaction between these two groups has promoted the development of the Internet industry. The largest transaction volume of network virtual products is in the online game industry. The prices are low to high， the transaction volume is amazing， creating huge economic value and having broad market prospects. The Internet industry has become more and more important in China’s economic development and has created tremendous value.

Ⅱ.The Problem of Protecting Network Virtual Property

First of all， the legal provisions are not perfect. China’s current legal system and there is no specific law to protect virtual property， has been involved in legal protection of virtual property is not much， can’t meet the development needs of the network economy and network virtual property. Secondly， there are various types of network virtual property disputes， including： disputes caused by the theft of network virtual property， disputes caused by network fraud， and disputes with network users when network operators are managing. Finally， after encountering network virtual property disputes， there are many difficulties in realizing the relief of their rights. Because in practice， it is difficult to find criminal suspects， it is difficult to cite evidence， and it will cost the network users huge time and energy. It is difficult for network users whose rights are infringed to defend their rights and interests.

Ⅲ.The Legal Countermeasures to Protect the Virtual Property of the Network

First， we must improve the relevant legal system. The current law has very limited protection for network virtual property. In order to better protect the virtual property of the network， it must be specifically protected according to the nature and characteristics of the virtual property of the network， and the way of protection is clearly defined. The second is to set up a special administrative department to coordinate with the government to exercise its own rights and strengthen administrative forces to supervise and guide network behavior，enable government departments to better protect the interests of network users and network operators.The third is to take judicial remedies， through judicial protection， to formulate judicial interpretations to solve a series of questions currently faced， to clarify the subject of litigation and the courts of jurisdiction， to implement the burden of proof， and to achieve standardized network operation through this series of measures.

References：

[1]Edited by Qin Chengde.E-commerce Law[M].Beijing：Science Press，2007.

[2]Editor-in-Chief Liu Zhijian.The Western Political and Legal Theory （3）[M].Lanzhou： Lanzhou University Press，2007.