论网络虚拟财产的法律属性及特征

On the Legal Nature and Characteristics of Virtual Property in the Network

21世纪被称为新经济帝国时代,以网络经济为核心的经济因素越来越得到人们的重视和认可,网络虚拟财产纠纷与落后的立法之间的矛盾日益尖锐。因此,尽快制定并完善相关立法已经非常迫切。以民法中物与财产的概念辨析维度为基础,在分析学界诸多争论后提出了虚拟财产的法律属性和其民法保护的基本方式。

The 21st century can be well regarded as the “Age of New Economic Empire” when more and more attention has been paid to the economic stimulative factors whose core is network technology. As the conflicts related to virtual property in the network and legislations that have been lagged behind have becoming increasingly fierce, it is high time to enact and perfect pertinent laws. On the basis of differentiating the concepts of res and property, and analyzing controversies in this respect in the academic world, the legal nature of virtual property in the network and the basic way of protecting them by the civil law are proposed in this study.