Selected Papers of The Jurist (法学家), Volume 6
Edited by Jichun Shi
Chapter 5: Path transformation in the construction of virtual property rules: from the perspective of research paradigms
Current virtual property research focuses on two core questions, the definition of virtual property and the nature of virtual property rights. Both the solutions present dilemmas. The construction of the civil law rule concludes two paradigms, the “rights paradigm” and the “relationship paradigm”, which both have advantages and disadvantages. Current virtual property research applies the “right paradigm”, so it has the disadvantages of “object-dependence”, the omission of legitimacy proof and the difficulty of describing the complex interactive relationship. Through the transformation of the research paradigm, the legal disputes of virtual property can be analyzed in concrete contract, tort or inheritance relationships, and gain the corresponding solutions.
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