중국 민법상 온라인 가상재산의 주요 거래유형에 따른 유효성 고찰

Abstract

The protection of virtual property in China's legal system is based on Civil Code and administrative regulations. However, no judicial precedent has confirmed the concept, scope and legal status of virtual property. Examining the theories and judicial precedents that have emerged so far, we can see that the debate is focused on whether the virtual property is an object of property rights or an object of receivables or intellectual property rights, and some consider it to be a data asset. The author follows the position of the claim theory in the discussion of the legal status of virtual property in this paper. The scope of virtual property adopted in Chinese judicial precedents is not only virtual currency with payment function, but also game equipment, games and online accounts, online shops are included. the judicial precedent does not recognize the property of the online shop, but in reality, online commercial transactions are frequently conducted. Regarding virtual currencies, we recognize that personal transactions and investments are effective in terms of trading areas under civil law, but we should emphasizes that it is illegal for financial institutions and financial organizations to issue and distribute virtual currencies and similar currencies. The development of data and virtual assets accompanying the development of IT and network technology needs continuous consideration in that it will have a diverse and direct impact on our future lives.