Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 6

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
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Chapter 5: Path transformation in the construction of virtual property rules: from the perspective of research paradigms

Shen Chen

Abstract

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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