Protection of NFT Virtual Property Rights from Functionalist Perspective
NFT should be recognized as a new form of network virtual property due to its existence in the digital space of the internet,with attributes such as virtuality,availability and exclusivity.Based on the theory of subjective rights from the perspective of academic theory and the factors of rent dissipation in the real environment,the rights paradigm in the theory of virtual property should be applied.However,due to the lack of clear legal basis for the regulation of virtual property at present,and the dilemma of object dependence in the rights paradigm,the research on the protection of NFT virtual property should abandon path dependence and use a functionalist paradigm to bridge the inherent difficulties brought by the formalist paradigm.By means of purpose analysis and value measurement,the interpretation of the boundary between NFT property rights and statutory property rights is addressed in response to the need for the protection of NFT virtual property rights.
万方数据
维普
