Legal Protection of Network Virtual Property from the Perspective of Civil Code
With the rapid popularization of digital technology and new infrastructure,the digital economy has developed rapidly and shown strong development potential,and network virtual property has emerged.It not only has the value attribute and transferability of general property,but also has virtualization and dependence on the Internet.The theory of labor value,the theory of real social relations,and the theory of security obligations have also laid a theoretical foundation for the legal protection of virtual property.However,in view of the fact that network virtual property is a non materialized form of property formed with the development of the Internet economy,its legal attributes are also controversial,mainly including property rights theory,creditor's rights theory,intellectual property rights theory and new property rights theory,which lead to the judicial practice of the treatment of cases in an unstable state,so it is necessary to position the legal attributes of network virtual property.At the same time,from the perspective of the current civil law on the protection of online virtual property,due to the unclear legal basis,there are problems such as incomplete inheritance regulations,unclear value evaluation mechanisms,and unclear allocation of burden of proof,which is not conducive to the resolution of disputes over online virtual property,and to some extent affects the healthy operation of China's digital economy environment,hindering the orderly development of the digital economy.Therefore,in response to the problems existing in the legal protection practice of online virtual property,effective protection of online virtual property should be started from four aspects:improving the inheritance rules of online virtual property,constructing a value evaluation system for online virtual property,and improving the allocation of burden of proof for online virtual property.
万方数据
维普
