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以计算机技术为依托、以互联网为媒介的网络虚拟财产由于其所具有独特的属性和特征,自出现开始就给传统的法律制度带来了巨大的挑战。特别是有关虚拟财产的大量民事纠纷乃至犯罪,已经愈发成为全社会关注的焦点。对此,本文提出对虚拟财产进行法律保护的设想,建议一是刑法适度介入,二是将虚拟财产明确纳入法定财产范围,三是区分不同情况确定虚拟财产的所有权归属,四是研究建立虚拟财产价值确定制度,五是研究建立虚拟财产证据制度,六是建立实时监控机制。
Based on computer technology, the Internet-based virtual property of the Internet has posed enormous challenges to the traditional legal system since its inception due to its unique attributes and characteristics. In particular, a large number of civil disputes and even crimes related to virtual property have become the focus of the whole society. In this regard, this article proposes the concept of legal protection of virtual property. The first proposal is that criminal law should be properly involved. The second is to explicitly include the virtual property in the scope of legal property. The third is to determine the ownership of the virtual property according to different situations. The fourth is to study the establishment of virtual property Value system, the fifth is to study the establishment of evidence system of virtual property, and the sixth is to establish a real-time monitoring mechanism.