网络游戏中虚拟财产属性研究
发布时间：2018-07-17 06:53
【摘要】：随着虚拟网络技术的日益发达，在日常生活，我们越来越多的接触到了网络空间中的虚拟财产，伴随而来的虚拟财产纠纷也越来越多的进入人们的视野，人们从最初的反感抵制到现在的接受认可，网络虚拟财产的法律地位也变的越加敏感。但是关于网络虚拟财产的属性，学界一直存在争议，我国法律也未对其进行阐明和规范，在处理有关虚拟财产的纠纷上，对其定位的问题也变的十分尴尬，虽然一些法院在审理相关问题时作出了一些推理论证，但那只是在个案层面的分析，如何从总体上对这一问题进行界定与规范变的迫切起来，同时，现在这种无法可依的局面使得对网络虚拟财产的规范和保护陷入僵局。 对于网络虚拟财产的研究，学者们有着不同的意见，但是研究的关键还是在于对其法律属性的界定，本文旨在通过以网络游戏这个平台，对处在其中的虚拟财产进行分析，希望经过分析，对虚拟财产的属性及权利归属有一个更直观的把握。在目前的讨论中，主流的观点有物权、债权、知识产权及新型权利几种，本文从网络虚拟财产的特点出发，结合一些实际案例，采用语义分析和比较分析的方法先对各个观点进行剖析对比，想要对虚拟财产的属性进行界定，就必须有充足的理论支撑，剖析各主流观点背后的理论依据是十分必要的，同时，通过此种分析明确几种理论的冲突以及在界定虚拟财产的问题上的缺陷，，本文认为一味的坚持或者否定某种观点都是不可取的，但是厘定其中的合理成分与矛盾点对于该问题的研究有很大助益，同时，清晰理性的分析会使本文研究的结论更具有说服力，也会使得对虚拟财产的属性界定更科学。 在进行比较分析的基础上，本文提出，对网络虚拟财产的属性界定首先应将基本点放在该虚拟财产本身的特性上，通过对其特性的分析，找出其与现行法律规范的相关点，然后通过区分网络虚拟财产类型进行具体界定。即某些网络虚拟财产的本身特性更符合法律上“物”的法律属性要求，进入物权领域并受其规范更具合理性，同时，还有一部分网络虚拟财产更具债法上调整的可能性，而新型权利与知识产权的说法从以上两方面来说都存在较大缺陷，不足以构建一个完整的规范体系。 最后本文认为，对网络虚拟财产的属性界定不能单独进行，界定的同时应对其权利归属作出明确分析，并且应遵循“两个区分的原则”进行，即是通过区分运营商与玩家、区分网络虚拟财产的不同类型（即区分网络游戏中的一般道具与附条件道具）来明确其权利归属，这样的区分，一方面使的对网络虚拟财产的属性界定更加清晰明朗，另一方面对于其规范与保护提供了更加合理的思路。
[Abstract]:With the development of virtual network technology, in daily life, we have more and more contact with virtual property in cyberspace, and the disputes of virtual property come into people's vision more and more. From initial antipathy to acceptance, the legal status of online virtual property has become more sensitive. But about the attribute of the network virtual property, the academic circle always exists the dispute, our country law also has not carried on the elaboration and the standard, in dealing with the dispute about the virtual property, its localization question also becomes very awkward. Although some courts have made some reasoning and argumentation in the consideration of relevant issues, but that is only an analysis at the case level, how to define and standardize the problem in general is urgent, and at the same time, Now this kind of impossible situation makes the regulation and protection of network virtual property in deadlock. Scholars have different opinions on the study of virtual property on the network, but the key of the study is to define its legal attribute. This paper aims to analyze the virtual property in the virtual property through the platform of online games. Through analysis, I hope to have a more intuitive grasp of the attribute and ownership of virtual property. In the current discussion, the mainstream views are real right, creditor's right, intellectual property and new right. This paper starts from the characteristics of network virtual property and combines some practical cases. The methods of semantic analysis and comparative analysis are used to analyze and contrast the various viewpoints. If we want to define the attributes of virtual property, we must have sufficient theoretical support. It is very necessary to analyze the theoretical basis behind the mainstream views. At the same time, through this analysis to clarify the conflicts of several theories and the defects in defining virtual property, this paper thinks that it is not advisable to insist or deny a certain view blindly. However, the determination of reasonable components and contradictions is of great help to the study of the problem. At the same time, a clear and rational analysis will make the conclusion of this study more convincing, and also make the definition of the attributes of virtual property more scientific. On the basis of comparative analysis, this paper puts forward that the definition of the attribute of the network virtual property should first put the basic points on the characteristics of the virtual property itself, through the analysis of its characteristics, find out the relevant points with the current legal norms. Then through distinguishing the network virtual property type to carry on the concrete definition. That is, the characteristics of some network virtual property are more in line with the legal property requirements of the legal "thing", and it is more reasonable to enter the field of real right and be regulated by it. At the same time, some of the virtual property of the network are more likely to be adjusted in the law of debt. However, the theories of new rights and intellectual property are not enough to construct a complete normative system. Finally, this paper holds that the definition of the attribute of network virtual property can not be carried out alone, and the definition should be made a clear analysis of the ownership of its rights, and it should follow the principle of "two distinctions", that is, by distinguishing operators and players. Distinguish the different types of network virtual property (that is, distinguish the general props and conditional props in the network game) to define their rights, such distinction, on the one hand, make the definition of the attribute of the network virtual property more clear, On the other hand, it provides a more reasonable way to regulate and protect it.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2129488
[Abstract]:With the development of virtual network technology, in daily life, we have more and more contact with virtual property in cyberspace, and the disputes of virtual property come into people's vision more and more. From initial antipathy to acceptance, the legal status of online virtual property has become more sensitive. But about the attribute of the network virtual property, the academic circle always exists the dispute, our country law also has not carried on the elaboration and the standard, in dealing with the dispute about the virtual property, its localization question also becomes very awkward. Although some courts have made some reasoning and argumentation in the consideration of relevant issues, but that is only an analysis at the case level, how to define and standardize the problem in general is urgent, and at the same time, Now this kind of impossible situation makes the regulation and protection of network virtual property in deadlock. Scholars have different opinions on the study of virtual property on the network, but the key of the study is to define its legal attribute. This paper aims to analyze the virtual property in the virtual property through the platform of online games. Through analysis, I hope to have a more intuitive grasp of the attribute and ownership of virtual property. In the current discussion, the mainstream views are real right, creditor's right, intellectual property and new right. This paper starts from the characteristics of network virtual property and combines some practical cases. The methods of semantic analysis and comparative analysis are used to analyze and contrast the various viewpoints. If we want to define the attributes of virtual property, we must have sufficient theoretical support. It is very necessary to analyze the theoretical basis behind the mainstream views. At the same time, through this analysis to clarify the conflicts of several theories and the defects in defining virtual property, this paper thinks that it is not advisable to insist or deny a certain view blindly. However, the determination of reasonable components and contradictions is of great help to the study of the problem. At the same time, a clear and rational analysis will make the conclusion of this study more convincing, and also make the definition of the attributes of virtual property more scientific. On the basis of comparative analysis, this paper puts forward that the definition of the attribute of the network virtual property should first put the basic points on the characteristics of the virtual property itself, through the analysis of its characteristics, find out the relevant points with the current legal norms. Then through distinguishing the network virtual property type to carry on the concrete definition. That is, the characteristics of some network virtual property are more in line with the legal property requirements of the legal "thing", and it is more reasonable to enter the field of real right and be regulated by it. At the same time, some of the virtual property of the network are more likely to be adjusted in the law of debt. However, the theories of new rights and intellectual property are not enough to construct a complete normative system. Finally, this paper holds that the definition of the attribute of network virtual property can not be carried out alone, and the definition should be made a clear analysis of the ownership of its rights, and it should follow the principle of "two distinctions", that is, by distinguishing operators and players. Distinguish the different types of network virtual property (that is, distinguish the general props and conditional props in the network game) to define their rights, such distinction, on the one hand, make the definition of the attribute of the network virtual property more clear, On the other hand, it provides a more reasonable way to regulate and protect it.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关博士学位论文 前1条
1 江波;虚拟财产司法保护研究[D];吉林大学;2013年
本文编号：2129488
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