Is virtual currency protected by civil law

1. Virtual property is not protected by law at present! Money in society is just a kind of special commodity to facilitate economic exchanges, which is issued by special state institutions. Moreover, money can not be issued indiscriminately. If the ratio between the currency in circulation and the country's GDP is out of balance, it may lead to one of two consequences: first, inflation. 2、 Economic crisis. Every year, the country carries out macro-control and evaluation on the gross output value of the economy, so as to determine the amount of money issued in the next year. To maintain the economic balance of the country. Now you can think about how money comes from in the virtual society of online games. The answer is very simple. Most of the money in the game is earned by killing monsters or virtual skills. No game has a special currency issuing agency. In other words, money can grow infinitely in the game. So inflation is very common in the game. Similarly, other virtual items in the game can be increased infinitely, regardless of the daily economic law, as long as they are used by appropriate means (such as plug-ins). If we link these two kinds of property completely affected by different economic laws, what will be the consequences?

2. First, virtual currency, such as bitcoin, or some game and network currencies, such as QB and some game gold coins, are all personal legal property. As long as an indivial legally obtains them, they will be protected
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency

3. Under certain conditions, virtual currency has certain value and use value, and has transaction function, which can be transformed into real property. In judicial practice, there are cases that the contract of disposing virtual currency is valid and the penalty is imposed for stealing virtual currency
it should be said that virtual currency is protected by law. I hope the answer will help you.

4. It is not protected by the law for the time being, and the law is still not perfect
adopted, thank you

5. There is no digital currency issue

6. 1、 The ownership of network "virtual property" is also called "network property", which generally refers to the account number (ID) and accumulated "money", "equipment", "pet" and other "property" of Internet users and game players in online games

but are these "virtual properties" private property? Is the property right of network "virtual property" protected by law? One view is that "virtual property" is obtained by players in the game, and its acquisition mode and state are determined by the rules of the game. It belongs to a part of the game content, so its ownership belongs to the operator, and the players only have the right to use it. Another point of view is that the "virtual property" is obtained by the players through their own efforts, while the operator only stores the data, so the ownership of the "virtual property" belongs to the players

the author agrees with the latter point of view, although "virtual property" is generated from the server of a specific game operator and can only be stored on that specific server, the generation and change of "virtual property" is not controlled by the operator, but the result of specific behavior of players when they accept the service of the operator, The type and quantity of specific virtual characters and properties are completely determined by the player's own activities. The operator only provides the service and the corresponding custody of the game time. Therefore, the ownership of "virtual property" should belong to the player, not the operator. The operator only keeps the data on the server, and has no right to modify it arbitrarily

Second, "whether virtual property" has property value

according to the traditional point of view, the property and identity obtained by players in the game are completely virtual, just the content information in a specific game, just like the score obtained in the game, which itself has no value. But the author thinks that online games are not as simple as traditional games. In online games, players can improve their level and obtain "virtual property" through specific behaviors within the scope of game rules. These virtual identities and properties are not only recording data, but also have certain value significance. Today, the network has penetrated into all aspects of social life, people can carry out business, consumption, creation and other activities through the network, and the data generated is generally considered valuable. So the "virtual property" data generated by online games is of course valuable. Moreover, the "virtual property" of players not only has use value in the game, but also has become a tradable commodity e to the formation of demand. Virtual props and properties in the game are often auctioned on major auction websites. Operators sell virtual props and properties to players in order to open up the market, and offline transactions between players also develop rapidly, It has formed a certain scale, and even appeared the occupation of agent training level and then selling the game account to obtain income. In this way, although the "virtual property" in the game often loses its significance after the termination of the operation of the game, once it is proced, it has been independent and has a certain property value

according to Marx's economic theory, value is reflected by use value and measured by exchange value. The "helmet", "armor" and other weapons and equipment obtained by online game players through training or purchase are obtained by players who spend time, money and energy. They should be regarded as labor income and belong to the scope of private property. This kind of property has both value and use value and can be transferred. In terms of content, it is a kind of intellectual achievement, close to intellectual property rights. There are intangible property provisions in the general principles of China's civil law, so "virtual property" is also a form of property prescribed by law< Third, the legal basis of the legal protection of "virtual property" is relatively backward in China's law. In China's current law, only citizens' legitimate income, savings, housing and other legitimate property are recognized, but the legitimacy of "virtual property" is not clearly defined The data of "virtual property" is not stipulated in the consumer rights protection, and the rights of players to virtual data do not belong to any of the nine consumer rights stipulated in the consumer rights protection, which makes the claims of "virtual property" in an embarrassing situation. But the author does not fully agree with this view, we should look at the content of property with a dynamic perspective. With the development of economy and society, the content of property has expanded, and the means of enjoying property are more abundant. To understand property from the perspective of behavior, that is, what you have the right to do and what you have the right to obtain, and this kind of behavior can be measured by money in the end. From this point of view, property has expanded into an interest. In the colorful modern society, it is wrong to confine property to material objects

in the course of civil law, property is also divided into three types: one is static property, that is, property rights, including ownership. The second is dynamic property, which is the property in the transaction. For example, when you enter into a contract, you have to give money to others when you buy something. Property is the property in the transaction. The third kind of property is intangible property, such as intellectual property, patent, right and trademark rights. These three are the three kinds of property commonly used in the world. Should there be a kind of "virtual property" in the network now? I think we should see that it is also a kind of property, or attribute the "virtual property" to a specific intangible property, so that in the existing law, when the network "virtual property" is infringed or stolen, there is a law to follow, It will not cause the claim of property rights of "virtual property" into an embarrassing situation

the author thinks that "virtual property" has the following characteristics: (1) it can be modified. With the time and investment of players participating in online games, the relevant parameters of the ID change 2) It's tradable. Just because these parameters can be modified, they can be traded, transferred, and transferred. Just like real-life housing transactions, the index of one ID can be added to another ID through transfer 3) Linked to money. This parameter is related to the investment and time of players. You can not only entrust other players to "practice" to improve the level, but also directly buy other players' equipment, and you can get it from online games 4) It can be quantified. The transaction of virtual property based on online games is not concive to the fair competition of online games. It is not the legal way to get rich advocated by our socialist countries, so it is considered illegal. But the value of online game related equipment can be quantified. Take "legend" game as an example, if a beginner wants to "practice" to level 38, he will spend thousands of yuan on Internet and game cards, and also need to pay a lot of time and energy. Therefore, it can be included in the scope of civil law protection, with actionability

throughout the world, it has become a trend to recognize network "virtual property" in legislation and judicature. In South Korea, where online games are developed, the value of "virtual property" is clearly recognized in legislation and judicature, and it is stipulated that virtual characters and virtual goods in online games have property value independent of service providers. Service providers only provide a place for the private property of game players, and have no right to modify and delete it wantonly. It can be seen that in law, there is no essential difference between the nature of this "virtual property" and the money stored in the bank account. Taiwan, Hong Kong and other regions of our country have issued relevant laws, and there have been precedents of criminal judgments on infringement of network "virtual property". Just recently, Taiwan's relevant departments have made regulations to determine that the "virtual property" and accounts in online games belong to the "electromagnetic records" existing in the server, which can be regarded as movable property and part of private property in the crime of fraud and theft. Stealing other people's "virtual property" in online games will be regarded as a crime and can be sentenced to three years' imprisonment< Fourth, the legal protection of "virtual property" needs to be improved.

as far as the current situation is concerned, the "virtual property" of online game players is stolen, which is basically not up to the level of "Internet crime" stipulated in the new criminal law, and there is a blind area for the concept of "property" in the regulations on public security management and punishment. Although many experts agree that "virtual property" * * ", they also admit that even if the law can establish the legitimacy of" virtual property ", if there is no key operational rules, there will be some tests in the implementation.

7. The normal review of the civil code makes it clear that virtual property is protected by law, but it has to wait for the law to come into effect.