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网络虚拟财产基于玩家与运营商之间的服务合同产生,具有债权属性;而它在特定范围内的对世性和直接支配性,又使之兼具物权属性。发生在玩家与运营商之间、玩家与玩家之间的网络虚拟财产纠纷日益增多。虽然我国对此类纠纷的法律规制在司法实践中已有所涉及,但在立法上至今仍是空白。因此,应当加强民事、刑事领域的相关立法,以维护当事人的合法权益,营造健康有序的网络空间。
Network virtual property is based on the service contract between the player and the operator, which has the property of creditor’s rights. However, it has the property right and the direct control over the specific scope. Occurs between the player and the operator, the network virtual property disputes between players and players increasing. Although the legal regulation of such disputes in our country has been involved in the judicial practice, it is still blank in the legislation. Therefore, the relevant legislation in the civil and criminal fields should be strengthened so as to safeguard the legitimate rights and interests of the parties and create a healthy and orderly cyberspace.