Is online virtual property property property in the legal sense?

Online virtual property is still a new thing in Chinese mainland, and the relevant laws to protect it are relatively backward, and there is no precise legislation on the protection of online virtual property in civil law. However, theoretically speaking, virtual property can be traded, the law does not prohibit the sale and purchase of virtual property, and virtual property already has the general attributes of a commodity, so it is reasonable to seek legal protection.

In the event of a virtual property dispute, although it is difficult to define it in judicial interpretation, it can be stipulated from the General Principles of the Civil Law that "a citizen's personal property includes a citizen's lawful income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and the means of production and other lawful property that the law allows the citizen to own." This resonates with the meaning of "other lawful property".

Or from Article 4 of the "Decision on Maintaining Internet Security": "In order to protect the persons, property, and other lawful rights of individuals, legal persons, and other organizations, any of the following acts constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law......."using the Internet to commit theft, fraud, extortion" and Article 6: "...Where the use of the Internet to infringe upon the lawful rights and interests of others constitutes a civil infringement, civil liability is to be borne in accordance with law.

It already contains criminal liability for crimes committed against the Internet (without negating the property aspect of the Internet).

Although the above-mentioned provisions are not formal laws mainly for online virtual property cases, they can provide some side and reference basis for judgments. However, in such cases, it is difficult for the parties to present evidence, estimate the value of the property and confirm the evidence. Therefore, we can only hope that China will improve the law in the future.

I think it's the result of time and labor.

China's civil law does not stipulate the legal nature of virtual property, and in the theoretical circles, there is a great deal of controversy on this issue, and the focus of the debate is what type of property right should be related to virtual property rights. At present, there are four main views: first, the online virtual property is regarded as the object of intellectual property and the protection of intellectual property is adopted; the second is to take it as the object of creditor's rights and adopt the protection method of creditor's rights; the third is to define it as a new type of property, and formulate or change corresponding rules to regulate it; The fourth is to take it as the object of property rights, and adopt the protection method of property rights to provide legal provisions

Article 3 of the Property Law and Article 13 of the Property Law If there is a dispute over the ownership of the property right or the content of the auspicious hail, the interested party may request confirmation of the right. Article 34 Where a person has no right to take possession of immovable or movable property, the right holder may request the return of the original property. Article 35 Where a real right is obstructed or may be obstructed, the right holder may request that the obstruction be eliminated or the danger eliminated.

Article 36 Where immovable or movable property is damaged, the right holder may request repair, rework, replacement or restoration to its original state. Article 37: Where property rights are infringed upon, causing damage to the right holder, the right holder may request compensation for damages, and may also request to bear other civil liabilities. Article 38: The methods of protection of property rights provided for in this chapter may be applied separately or in combination according to the circumstances of the infringement of rights.

In addition to civil liability, in addition to civil liability, those who violate administrative regulations shall bear administrative liability in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: Online virtual property, also known as virtual property, is a valuable right that can be controlled by people, and is the manifestation of property in the online virtual space. In terms of law, it is also a kind of property that is protected by relevant regulations.

Legal basis: Article 127 of the Civil Code of the People's Republic of China stipulates that where the law has provisions on the protection of data and online tease virtual property, follow those provisions.

The addition of this clause reflects the concept of "prudently revising legislation with the times", conforms to the needs of the current era for the protection of online virtual property, provides a high-level civil legal basis for the protection of online virtual property, and leaves enough room for the subsequent legislation on the sale of online virtual property.

The constitutive elements of bona fide acquisition of online virtual property are: 1. The transferee has paid a reasonable consideration; 2. The transferor disposes of the virtual property without the right of disposition; 3. The transferee is bona fide; The announcement has been completed. Where the transferee acquires online virtual property in good faith, the original owner has the right to claim damages from the person without the right to dispose of it.

Article 311 of the Civil Code of the People's Republic of China Knows that if the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires ownership of the immovable property or the movable property of the assignee under the following circumstances: (1) the transferee is bona fide when transferring the immovable property or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered. Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition.

Where a party obtains other property rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Legal analysisOnline virtual property, also known as virtual property, is a valuable right that can be controlled by people, and is the manifestation of property in the online virtual space. In terms of law, it is also a kind of property that is protected by relevant regulations. In a broad sense, it refers to network virtual objects with property value that can be owned and controlled by people, such as e-mails and networks.

Virtual property in the narrow sense generally refers to the property existing in online games, including the level of the game, game currency, game characters, skills, etc. Citizens' property includes both tangible and intangible assets, and online virtual property should be a type of intangible asset. Virtual property can be purchased directly from game developers or from the virtual currency trading market, so virtual property has the attributes of a general commodity, and its true value is self-evident.

First BridgeLegal basisCivil Code of the People's Republic of China" Article 127: Where laws have provisions on the protection of data and online virtual assets, follow those provisions.

1. What is online virtual property?

Cyber virtual property should be a kind of property. The so-called "online virtual property" generally refers to the netizens' social numbers, email accounts, network names, and online game players' accounts in games, and accumulated "currency", "treasures", "** equipment", "building facilities", "pets" and other "property". At present, there is no precise definition of what constitutes property.

Network virtual property is traded on the network and has the attributes of a commodity. Therefore, online virtual property can not only meet the needs of netizens or gamers, but also bring benefits to network companies, and it is a benefit with economic value.

II. The necessity of civil law protection of online virtual property.

1. The requirements for the value of online virtual property and the authenticity of society. From a real point of view, virtual property not only has value, but its value is real. Its authenticity is mainly reflected in the existence of a large number of virtual property transactions.

Virtual property has become a tradable commodity, and like real property, it has been stored in a set of fixed, spontaneous conversion and trading mechanisms; Virtual property has gradually broken through the online game space and shifted to the real social space.

2. Protect the interests of game users and balance the needs of all stakeholders. At present, the development, operation and sales of online game cards have become a service industry with high profits and good development prospects. The operation and daily operation of online games have also exposed many problems.

A typical example is the inadequate protection of virtual property by operators, resulting in the loss of a large number of registered users.

3. The need to realize the value and role of law. As the inevitable result of the development of online games and an integral part of the virtual property trading market, it has objectively formed and existed, and at present, this kind of transaction is spontaneous and disorderly, the transaction between players lacks a sense of security, and there are many disputes in reality. Therefore, maintaining the security and stability of virtual property and promoting the formation of normal social transaction order are the reasons for the existence of law.

3. The current situation of civil law protection in China's online virtual wealth and wild late production.

Online virtual property is still a new thing in China, and the relevant laws to protect it are relatively backward, and there is no precise legislation on the protection of online virtual property in civil law. China has not carried out special legislation like South Korea, the United States and Taiwan, and after the occurrence of online virtual property disputes, the disputes cannot be resolved in a timely and effective manner, which has brought great hidden dangers to the security of the Internet. Online virtual property disputes continue to emerge, and we call for the introduction of relevant legislation and justice as soon as possible.

Virtual property is our intangible property. It is different from the real property that can be seen and touched, but it has the attributes of property. Online virtual property generally includes the image of game characters in online virtual life, as well as a form of property expressed in digital and non-material words.

Civil Code of the People's Republic of China

Article 207.

Civil Code of the People's Republic of China

Article 224.

The creation and transfer of movable property rights shall take effect upon delivery, unless otherwise provided by law.

Legal analysis: Virtual property generally refers to the property that exists in online games, including the level of the game, game currency, game characters, etc., and in a broad sense, it can also refer to e-mail, the Internet and other online virtual objects that can be owned and controlled by people and have property value.

Legal basis: Article 3 of the Civil Code of the People's Republic of China The rights of civil subjects, property rights, and other lawful rights and interests are protected by law and must not be infringed upon by any organization or individual.

Virtual property refers to the digital and non-physical form of property in a narrow sense.

It includes a series of information products such as online games, e-mail, and online paging. Including the image of the character formed in the virtual life for a long time.

In the prevalence of online games, virtual property refers to the property existing in the online game space to a large extent, including the level code of the game, the game currency, the various equipment owned by the game characters, etc., which can be converted into real property under certain conditions.