论网络虚拟财产的物权属性及其基本规则

On Real Right Attributes of Network Virtual Property and Related Basic Rules

网络虚拟财产是指存在于与现实具有隔离性的网络空间中、能够用现有的度量标准度量其价值的数字化的新型财产。虽然网络虚拟财产具有不同于传统类型财产的特点,但它仍然是一种特殊的物,接受物权法对它的规制。在网络虚拟财产的权利分配上,亦应确定归属于特定的所有者占有、使用、收益和处分。作为一种新兴的财产,我国法律目前还没有对这种财产作出具体规定,为了建立和完善网络虚拟财产及其权利的保护,我国应当在《物权法》中规定网络虚拟财产为物权客体,具有物的属性,并制定相应的物权规则。

Network virtual property refers to a new type of digitalized property which exists in the network space, isolated from the real world, and can be measured by the present measurement units. Despite the fact that network virtual property possesses particular attributes that differentiate itself with traditional properties, it is nevertheless a kind of property, and therefore should be regulated by the law of property. With respect to the allotment of the right, the network virtual property ought to be possessed, used, profited and disposed of by specified owners. The author notes that there is so far no specific provisions regulating this newly emerged property. It is therefore suggested that this kind of property be included in the future Chinese Law of Property so as to establish and improve the property and its protection. It is further proposed that network virtual property be classified as a subject of real right, that is to say, it possesses the same attributes as other properties. And meanwhile, some necessary rules regulating the network virtual property should also be set up.