The Objective Properties and Protection of Jus Rerum for the Cyberspace Virtual Assets
The cyberspace virtual assets are different from traditional realistic assets,and as a new form of assets their legal properties are controversial.In real-ity the disputes on the cyberspace virtual assets keep increasing,which ur-gently require clarification.At present,"The Civil Code of the People's Re-public of China"has been compiled and put into implementation officially,and hence it is not proper to designate new rights types and protection paths for the cyberspace virtual assets.Instead,we should seek the positioning of their legal properties in the dualistic system of property and debt.In the cur-rent Chinese Civil Code framework the legal explanations help to prove the"property"disposing nature of the cyberspace virtual assets and respond to the demand of"property must have an embodiment",and thus we should treat them as"properties"in civil code and include them in the category of the object of jus rerum.Following the clarification of the jus rerum objective properties of cyberspace virtual assets,we should formulate a set of jus re-rum protection paths;specifically,we should improve the legal protection of cyberspace virtual assets in five ways-the subjects of cyberspace virtual as-sets,the exercise and its limits of jus rerum,the publicity of jus rerum,the change of jus rerum,and the remedy of jus rerum.
cyberspace virtual assetslegal propertydualistic system of property and debtobject of jus rerum
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