On the network virtual property attributes and legal protection of property rights_17130.doc

on the network virtual property attributes and legal protection of property rightsabstract: the virtual property created on the network as a game, dependent on the internet virtual space of the new property, and what people know and understand the traditions of the middle class, including when the production of tangible and intangible property are very different, and therefore whether it is a kind of virtual property objective existence of the property, what property of the property, as well as it can, like other property, subject to the same legal protection in our country there is a big controversy and differences, this article intends to conduct a theoretical study. keywords: property attribute network virtual property legal protection of a magnetic recording, the network concept of virtual property online games in recent years, most internet users, a project to attract millions of people participate in the magic of entertainment, such as zhensi in years, while the virtual it is this property of the virtual world of the keywords, almost all activities and games revolve around a virtual property to expand. however, at present chinas decision on safeguarding internet security, regulations on protection of computer information system security and other laws and regulations, network virtual property protection is still a blank. with regard to network virtual property, so far without a clear, unified definition. so, it should be how to understand the network virtual property? first, the network virtual property is a virtual network itself and the network has the property of electromagnetic records, with the intangible nature of character. network virtual property can be divided into two types, one is a virtual network itself, computers, transferring data between computers in a variety of connections, as well as a variety of software operating on the network work together to create a virtual online world, the virtual while the network itself is a kind of virtual production. the second is the existence of virtual property on the network. this virtual property can also be divided into the following three forms of the first games for the network the network is produced which includes a virtual online games in the account and the accumulation of money, equipment, pet and other property. the second type is a virtual community of network virtual property is a virtual community, including network accounts, currency, credits, user-level and so on. the third type is stored in the network of other virtual property. this includes numbers, e-mail and other network virtual property. second, the network virtual property is valuable digital assets. whether the network itself, or online games in high-level weapons and equipment, gold treasures, or high scores on a number of forums, senior accounts, they are essentially exists in the server component by 0 and 1 the binary data but these data and not just a simple data, but also embodied the network operators and network users of labor, consumption of the network operators and network users money and time. for online games, the only game developers to develop online games in the weapons and equipment need to consume dalis human, material and financial resources, but gamers in order to obtain these weapons to go through hard flame or buy. landing, use the internet even more so no matter by what means are required to pay certain amount of money, because of its own on the crystallization of economic value. third, the network virtual property value can use the existing degree of standards with transferability. network virtual property while the real world in the use of a certain isolation, that is only in the virtual world to realize their value, but because of the network virtual property embodies the human labor and money to pay, so its value can also be with the existing metrics to measure. for example, many online games in the equipment, money can be replaced by real money, and even price tag. some sites also publicly bid to form a relatively fixed price. another example, now are charging a lot of e-mail mailbox, especially in the services provided especially good mail. users to service providers or network operators to buy virtual property, but also between the spontaneous transfer of the user. can be seen that the value of virtual property, use value and exchange value package, which gives them to the property attributes. fourth, the network virtual property legitimacy. this feature is common to all civilian property, but the specific area of the virtual property, it mainly refers to the way the legality of virtual property was in line with the spirit of the basic principles of civil law, rather than specific to comply with existing laws, because the current chinese law has not yet clearly the virtual property, the property included in the scope of the law. property acquired through illegal means are through the use of plug-in, play * , playing the illegal games as well as the virtual property accumulated through illegal means invasion drama program attributes to be modified virtual goods virtual property, etc., this kind of virtual property for a specific player in terms of might have some value, but also possible the real deal, but this can not be defined as a virtual property, virtual property law. because they get it is not illegal, is contrary to fairness and justice. to sum up, the network virtual property refers to the virtual network itself, and exist on a network that has the property of electromagnetic records, is a way to use the current some metrics measure the value of a new type of digital assets. with the intangible nature, value, transferability, restrictive, legitimacy characteristics. 2, the network virtual property, property attributes of modern economic development, the concept of objects has been limited to a body of material, non-physical objects, those who have the legal possibility of exclusive control or manage the possibility of who he can legally become a matter ? . objects into the minimum standards of protection of the legal system because of its own property value, can be controlled by the people, the dominant. the purpose of the right to enjoy the rights in rem is dominated by the value of the acquired, including the use value and exchange value. in china and france enjoy under the protection of the direct use value and exchange value of goods brought about by the various interests of the essence and core of property rights is different from other property rights, the most basic features. there is no common law concept of property rights, as opposed to the concept of property rights should be that the anglo-american property law is from a rights perspective to understand the property, the property is a legal system, and things, including tangibles and intangibles that only understand the specific property of the nature and content of the tool. see whether it is civil law or common law property law property law property rights are defined by material interests, resulting in a legal sense the property, showing property and things are close to the concept of ? . where people value and use value of the material may be the property. as long as the object of monetary value, into contact with reality, they were protected by law. in this sense, the network has a monetary value of virtual property reposted elsewhere in the paper for free download http:/ able degree of standards with the existing degree of its value, so it is relying on the network a new type of material, with material properties, is the property object. the legal protection of objects in the study, scholars draw on the concept of personality development path put forward the concept of grid material, and the network virtual property of the material included in the abstract lattice grid. just as people have the same personality, physical objects are also grid. the law of material objects into different cells, in line with the different materials to determine the grid on a different status in law to determine who their different power to determine the legal protection of different ways. the establishment of complex grid system, that is all the civil law of the material, divided into three cells. first grid cell objects to life, including human organs, tissues, animals, particularly wild animals and pets, plants, especially rare plants second grid abstraction mesh material, including web space and money, securities, channel, channel, etc.; third grid cell in general goods, including other general material. the network virtual property included in the second grid mesh material that is abstract and complex cells, such a new type of object classification, a better solution to the network the right to virtual property object positioning, first of all comply with the development trend of the property law, in the traditional sense mainly on the material refers to physical objects, no body can generally not be used as property of the object, but as the economic and technological development, there has been a lot of new property, the property of these new legal provisions are not protected, while the abstraction proposal of the concept lattice to solve this problem, abstraction lattice expansion of the traditional materials of the extension, the network virtual property justifiably included in the scope of things, solving the network virtual property to be property law protection. moreover, the abstraction of network grid accurately reflect the characteristics of virtual property, virtual property on the network to define and accurately describe the objective. in the abstract concept of grid material does not appear before the academic term is often referred to intangible assets concept, but intangible assets the connotation is very vague and extension not sure. intangible assets often represent three different meanings of intangible property that does not have a certain shape, but occupy a certain space or for objects dominated by people. this is mainly the existence of material on the physics-based form, such as electricity, heat, sound, light and so on. intangible property refers specifically to intellectual property rights, which is the main playing the knowledge-based products, non-material made to define the addition, the customary academic knowledge of the product itself will be also considered intangible assets will be physical objects other than any right of ownership are known as intangible assets ? . in the first two meanings, the network virtual property is clearly different from the intangible property, because whether it is electricity, heat, light and other intangible or intellectual property rights, are the reality exists and do not have a virtual sex and the isolation of the real world. only in the first three kinds of meaning, it can be included in the network virtual property, the scope of intangible property, but this category seems a bit confusing, but virtual property included in the network abstraction lattice, well-defined network of virtual property in the end who is also the main body of the key issues one, i believe that virtual property is the player in the game made its way to achieve the state defined by the rules of the game belongs to a part of the game content, network virtual property itself is developed and designed by the game developer out, while the game software and programs are protected by copyright law, so the network ownership of virtual property is the main game developers, but gamers have only a online game service contracts according to their own network of virtual property represents the value. network virtual property should be vested in the network service operators, namely, whether the network game, the weapons and equipment or e-mail, number, etc., are the property of all network service providers, while the players just to enjoy the network user right to use the virtual property . 3, the network of legal protection of virtual property, virtual property, this