网络虚拟财产的法律性质研究

Research on the Legal Attributes of Online Virtual Property

摘要: 在网络时代的背景下，网络虚拟财产的种类和数量日益增多，与网络虚拟财产相关的案件也越来越多。学术界和司法实务领域对网络虚拟财产法律性质的界定存在较大差异，主要有物权说、债权说和知识产权说等观点。基于网络虚拟财产虚拟性和依附性等特殊性质，本文认为不宜将虚拟财产权认定为债权或者知识产权，而应该将其认定为物权。

Abstract: In the context of the Internet era, the types and quantities of online virtual assets are increasing day by day, and there are also more and more cases related to online virtual assets. There are significant differences in the definition of the legal nature of online virtual property in the academic circle and the judicial practice field, mainly including viewpoints such as the theory of property rights, the theory of creditor’s rights and the theory of intellectual property rights. Based on the special nature such as virtuality and dependence of online virtual property, this paper holds that virtual property should not be recognized as creditor’s rights or intellectual property rights, but rather as property rights.