Virtual goods shall not be exchanged for legal tender

1. The following is the full text of the Interim Measures for the administration of online games issued by the Ministry of culture of the people's Republic of China:

Decree No. 49 of the Ministry of culture of the people's Republic of China

the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<

Minister Cai Wu

June 3, 2010

Interim Measures for the management of online games

Chapter I General Provisions

Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations

Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc

the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data

online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system

online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities

Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony

Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":

(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations

Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity

Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change

the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:

(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content

the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online

Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:

(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review

Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law

If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations

for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game

Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review

in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change

the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc

Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<

online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty

online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet

Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:

(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures

(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means

Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:

(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:

(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed

(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to

2. The key information to solve the problem is "legal tender is purchased directly or indirectly in a certain proportion". Item C is obtained by players playing games, not by money, so it does not meet the definition. Item a belongs to the prepaid recharge card of online games, which meets the definition; Item B is the virtual currency purchased directly by game users using legal tender in a certain proportion, which meets the definition; Item D is a virtual exchange tool that meets the definition. The correct answer to this question is C.

3. 1、 The ownership of network "virtual property" is also known as "network property", which generally refers to the account number (ID) and accumulated "money", "equipment", "pets" and other "property" of Internet users and game players in online games. But these network "fictitious property" calculate private property? Is the property right of network "virtual property" protected by law? One view is that "virtual property" is obtained by players in the game, and its acquisition mode and state are determined by the rules of the game. It belongs to a part of the game content, so its ownership belongs to the operator, and the players only have the right to use it. Another point of view is that the "virtual property" is obtained by the players through their own efforts, while the operator only stores the data, so the ownership of the "virtual property" belongs to the players. The author agrees with the latter point of view, although "virtual property" is proced on the server of a specific game operator, and can only be stored on that specific server, the generation and change of "virtual property" is not controlled by the operator, but the result of the player's specific behavior when receiving the service of the operator, The type and quantity of specific virtual characters and properties are completely determined by the player's own activities. The operator only provides the service and the corresponding custody of the game time. Therefore, the ownership of "virtual property" should belong to the player, not the operator. The operator only keeps the data on the server, and has no right to modify it arbitrarily. 2、 Whether "virtual property" has property value according to the traditional point of view, the property and identity obtained by players in the game are completely virtual, just the content information in a specific game, just like the score obtained in the game, which itself has no value. But the author thinks that online games are not as simple as traditional games. In online games, players can improve their level and obtain "virtual property" through specific behaviors within the scope of game rules. These virtual identities and properties are not only recording data, but also have certain value significance. Today, the network has penetrated into all aspects of social life, people can carry out business, consumption, creation and other activities through the network, and the data generated is generally considered valuable. So the "virtual property" data generated by online games is of course valuable. Moreover, the "virtual property" of players not only has use value in the game, but also has become a tradable commodity e to the formation of demand. Virtual props and properties in the game are often auctioned on major auction websites. Operators sell virtual props and properties to players in order to open up the market, and offline transactions between players also develop rapidly, It has formed a certain scale, and even appeared the occupation of agent training level and then selling the game account to obtain income. In this way, although the "virtual property" in the game often loses its significance after the termination of the operation of the game, once it is proced, it has been independent and has a certain property value. According to Marx's economic theory, value is reflected by use value and measured by exchange value. The "helmet", "armor" and other weapons and equipment obtained by online game players through training or purchase are obtained by players who spend time, money and energy. They should be regarded as labor income and belong to the scope of private property. This kind of property has both value and use value and can be transferred. In terms of content, it is a kind of intellectual achievement, close to intellectual property rights. There are intangible property provisions in the general principles of China's civil law, so "virtual property" is also a form of property prescribed by law. 3、 The legal basis of the legal protection of "virtual property" in our country is relatively backward. In the current law of our country, only the legal income, savings, housing and other legal property of citizens are recognized, and the legitimacy of "virtual property" is not clearly defined The law of the people's Republic of China on the protection of consumers' rights and interests also does not stipulate the data of "virtual property", and the rights of players to virtual data do not belong to any of the nine consumer rights stipulated in the law of the people's Republic of China on the protection of consumers' rights and interests. Therefore, the claim of "virtual property" has fallen into an embarrassing situation. But the author does not fully agree with this view, we should look at the content of property with a dynamic perspective. With the development of economy and society, the content of property has expanded, and the means of enjoying property are more abundant. To understand property from the perspective of behavior, that is, what you have the right to do and what you have the right to obtain, and this kind of behavior can be measured by money in the end. From this point of view, property has expanded into an interest. In the colorful modern society, it is wrong to confine property to material objects. In the course of civil law, property is also divided into three types, one is static property, that is, property rights, including ownership. The second is dynamic property, which is the property in the transaction. For example, when you enter into a contract, you have to give money to others when you buy something. Property is the property in the transaction. The third kind of property is intangible property, such as intellectual property, patent, right and trademark rights. These three are the three kinds of property commonly used in the world. Should there be a kind of "virtual property" in the network now? I think we should see that it is also a kind of property, or attribute the "virtual property" to a specific intangible property, so that in the existing law, when the network "virtual property" is infringed or stolen, there is a law to follow, It will not cause the claim of property rights of "virtual property" into an embarrassing situation. The author thinks that "virtual property" has the following characteristics: (1) it can be modified. With the time and investment of players participating in online games, the relevant parameters of the ID change 2) It's tradable. Just because these parameters can be modified, they can be traded, transferred, and transferred. Just like real-life housing transactions, the index of one ID can be added to another ID through transfer 3) Linked to money. This parameter is related to the investment and time of players. You can not only entrust other players to "practice" to improve the level, but also directly buy other players' equipment, and you can get it from online games 4) It can be quantified. The transaction of virtual property based on online games is not concive to the fair competition of online games. It is not the legal way to get rich advocated by our socialist countries, so it is considered illegal. But the value of online game related equipment can be quantified. Take "legend" game as an example, if a beginner wants to "practice" to level 38, he will spend thousands of yuan on Internet and game cards, and also need to pay a lot of time and energy. Therefore, it can be included in the scope of civil law protection, with actionability. Throughout the world, it has become a trend to recognize network "virtual property" in legislation and judicature. In South Korea, where online games are developed, the value of "virtual property" is clearly recognized in legislation and judicature, and it is stipulated that virtual characters and virtual goods in online games have property value independent of service providers. Service providers only provide a place for the private property of game players, and have no right to modify and delete it wantonly. It can be seen that in law, there is no essential difference between the nature of this "virtual property" and the money stored in the bank account. Taiwan, Hong Kong and other regions of our country have issued relevant laws, and there have been precedents of criminal judgments on infringement of network "virtual property". Just recently, Taiwan's relevant departments have made regulations to determine that the "virtual property" and accounts in online games belong to the "electromagnetic records" existing in the server, which can be regarded as movable property and part of private property in the crime of fraud and theft. Stealing other people's "virtual property" in online games will be regarded as a crime and can be sentenced to three years' imprisonment. 4、 The legal protection of "virtual property" needs to be improved. At present, the theft of "virtual property" of online game players is basically not up to the level of "Internet crime" stipulated in the new criminal law, and there is a blind area for the concept of "property" in the regulations on public security management and punishment. Although many experts agree to "rectify the name" of virtual property, they also admit that even if the law can establish the legitimacy of "virtual property", there are some tests in the implementation if there are no key operational rules 1 How to measure the value of "virtual property"? As mentioned earlier, "virtual property" has long existed not only in the network, but also in real money. At present, there are two main ways to proce the price of "virtual property". The first is the official price of operators. Many operators in order to improve profits and launch the sale of virtual props and property activities. For example, Sina sells virtual props and virtual property to promote its online game paradise; Ubisoft also introced a preferential scheme when acting for magic sword in North America, so that some players can get the password of some hidden races in the game. The prices of these "virtual properties" range from several yuan to several hundred yuan. However, the price of "virtual property" is made by operators completely from their own interests, and its level depends on the operation and profit status of specific games, as well as the marketing development strategy of operators. Therefore, the price determined by operators can not be used as the standard to determine the value of "virtual property". The other is offline transactions between players, including offline transactions of "virtual property" and game accounts. The offline transaction between players has the characteristics of disorder and instability, and has a strong emotional color. Take legend as an example, the offline transaction price of virtual props ranges from tens of yuan to thousands of yuan. Some players, frustrated in the game, spend thousands or even tens of thousands of yuan to buy high-level accounts to retaliate in the game. Therefore, the off-line transaction price between players can not accurately explain the value of "virtual property", nor can it be used as a standard to determine its value 2 It is difficult to collect evidence in the dispute of "virtual property" on the Internet, because under the current conditions, it is difficult for many games to judge whether the object is directly obtained by you, and this way may have some difficulties at present. First, it is difficult to obtain evidence for the fraud of "virtual property". In real life, there are deposit forms for bank deposits and invoice credentials for shopping. However, on the Internet, all electronic data are stored in the server of operators. Once lost, it is difficult to retrieve, and there is no normative legal basis. Operators may not be willing to pay a large cost to provide relevant evidence for guest rooms; Two, it is also very difficult to trace suspect online. On the Internet, most players don't need to register by real name. Even if you find an ID number, you don't know the real situation of the other side 3 It is difficult to grasp the appropriateness of the evaluation and relief of "virtual property". Players can get married in the virtual world and take "virtual property" as family property. If the two players divorce later and have disputes about how to distribute "virtual property", will the court decide how to distribute "virtual property" for both parties? Online travel

4. If you look carefully, the new rule means that Internet companies are not allowed to let players exchange virtual props for legal tender from Internet companies. Both sides are players and Internet companies. The dream journey to the West treasure Pavilion is an exchange between players, which has nothing to do with the new rules.

5. First of all, you should make it clear that the Ministry of culture is not the law making and implementing unit. New regulations mean new regulations, which are administrative regulations. If they violate the law, they will be punished, but they are not illegal. These are two concepts

6. I don't think so. The exchange here should be similar to cash out. For example, I got a high will, I sold to Netease, Netease gave me a card to play money, this should not work. CBG is a kind of transaction between players.

7. Now you can still trade, from Taobao. 5173, we can see that what kind of document is important, and it is meaningless not to implement it. On January 1 of this year, it was announced that the electric vehicle with a weight of more than 40kg would take the motorway. Later, it was postponed indefinitely. Business is different from politics. Game studios, game players and online game trading platforms are also an instrial chain. Under the premise of ensuring the economy and promoting domestic demand, how can such emerging instries be suppressed. You can make your studio at ease.

8. It belongs to
if you look at it carefully, the new rule means that Internet companies should not allow players to exchange virtual props for legal tender from Internet companies, and both sides are players and Internet companies. The dream journey to the West treasure Pavilion is an exchange between players, which has nothing to do with the new rules.

9. The latest regulation of online game real name authentication, the items in the game can not be exchanged for legal tender, which should have no impact. Wechat now not only can chat and send red packets, but also has added wechat city service function, that is, it can handle all kinds of business of government departments without leaving home, such as transportation, ecation, provident fund, Yi therapy, etc., which is convenient and fast.

10. If you take a bus from the passenger transport center to Paitou, you can take No. 6 bus to Paitou town; You can also choose to take the bus to the same mountain, but it's to the intersection of Hangjin line. The above two cars can not only get on at the passenger transport center, but also at the small department store and triangle square; Also, you can take No.58 bus, which starts at the old railway station and goes to Paitou town. The latest departure time is generally
17:30 or 18:00 in winter and 18:30 in summer!