Real right of virtual currency
Publish: 2021-05-28 23:36:01
1. It must be a crime, and the virtual currency is also protected by the law, which is written by the property law. Thank you
the most popular team of Dahan coin Ruide in the market
the most popular team of Dahan coin Ruide in the market
2. Due to the lack of legal provisions, the handling of the theft of virtual property, which is different from the real theft, is very inconsistent in different places: some public security organs do not file a case, some impose a warning, fine or public security detention on the perpetrator in accordance with the relevant provisions of the regulations on the security protection of computer information systems and the administrative measures for the security protection of computer information network international networking; Some courts have convicted and sentenced the defendant for theft, while others think that this is not in line with the principle of a legally prescribed punishment for a specified crime. Because the virtual property such as q-coin has not been regarded as a property right in law, they have sentenced the defendant to the crime of obstructing the freedom of communication. Different courts have ruled that in online games, many game masters can sell these game coins after earning a lot of game coins. This also includes some network hackers who steal the QQ number and then the QQ coin bound with the QQ number. These people often change the stolen Q currency into game currency, and then change the game currency into Q currency to launder money, and then sell it for cash
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
3. Three hundred thousand, I estimate
4.
Inner Mongolia xintaicheng Mining Machinery Co., Ltd. is a limited liability company (solely owned by natural person) registered in ejinholo banner, Ordos City, Inner Mongolia Autonomous Region on November 8, 2018. Its registered address is located at No. 7, north of huma Road Agricultural Bank, Wulanmulun Town, ejinholo banner, Ordos City, inner Mongolia Autonomous Region
the unified social credit code / registration number of Inner Mongolia xintaicheng Mining Machinery Co., Ltd. is 91150627ma0q2lf55w, and the legal person is Liu Xin. At present, the enterprise is in the state of opening
the current registered capital of Inner Mongolia xintaicheng Mining Machinery Co., Ltd. is average within the province
view more information and information of Inner Mongolia xintaicheng Mining Machinery Co., Ltd. through network enterprise credit
5. According to the current general theory, money belongs to property, and it belongs to securitization. The property law of our country does not provide for currency, but both the civil code of Taiwan and the civil code of Germany provide for it. They think that it is a special motor car and apply the special property change rule, that is, possession is ownership,
6. Yes, not before. Since the legendary number theft incident, relevant laws and regulations have been issued, but they are not perfect
7. 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.
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.
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