Study on Legal Attribute of the Network Virtual Property

摘要

Article 127 of the General Provisions of the Civil Law of the People's Republic of China on the Network Virtual Property has responded to the social hot spots and embodied the characteristics of the times. It has important theoretical and practical significance, especially, this article provides the legal basis for the network virtual property to be brought into the scope of civil law protection. However, the legal attribute of the Network virtual property is still controversial. There are different viewpoints in the theoretical circle, such as nothingness theory, claim theory, intellectual property theory, real right theory, etc. Starting from the definition of the network virtual property, this paper briefly expounds several theoretical viewpoints on the legal attribute of the network virtual property, and makes a reasonable evaluation. It also discusses the legitimacy of bringing the network virtual property into the category of object of real right, in order to provide theoretical support for future legislation and legal application.