The "accelerate development of the digital economy proposed by the 20th National Congress of the Party，Promote the deep integration of the digital economy and the real economy，Create an international competitive digital industry cluster "requirements，The status of the digital economy as an important cornerstone of economic development。Infigurable tokens (hereinafter referred to as NFT) is the most noticeable application in the field of digital economy in recent years。nft is ERC-721、ERC-1155, etc. are standards、Special digital assets formed by Ethereum smart contracts as technical channels。Due to the novelty of the underlying technology、Diversity of business scenarios and other reasons，Determination of the subject and governance method in NFT、Many challenges appeared on issues such as the protection of legitimate rights and interests of all parties。To solve the above problems，Reasonable definition of the legal attribute of NFT is the first step。

NFT, although digital currencies such as Bitcoin belong to the same virtual property，But exist as a blockchain、Created through reality objects and cannot be divided、Unsable digital assets，There are obvious differences with them。The General Principles of Civil Law (Draft) in 2016 stipulates that "the law stipulates that specific rights or network virtual property as the property of the property，According to its regulations。"But the" General Principles of the Civil Law "introduced in 2017 deleted this rule，Instead of replaced Article 127: "Law on data、The protection of online virtual property is specified，According to its regulations。"This provision is also used by the Civil Code。It can also be seen from the legislative process，The attributes of the current network virtual property are not clear，bet365 live casino games The theoretical world also has different interpretations。

　　Bet365 lotto review

Scholars who advocate creditor's rights theory based on the contract relationship between users and service providers，Take the network virtual property as a debt -owner。They think，The existence of network virtual property and operation depend on the continuous maintenance and operation of service providers，Once the service provider stops operation，The network virtual property held by the user is likely to suffer irreparable losses，Users are not always using network virtual property，Instead, they are always receiving service providers' services。Users to obtain the right to use virtual property by paying for the service provider，Service providers after receiving payment，Negative obligation to provide users with corresponding network virtual property，The two parties reached a creditor contract，"Network Virtual Property" is a "creditor's right certificate" obtained by the user by paying the price，The user's control of it also represents the qualifications of the service provided by the service party。Based on this theory，NFT should be regarded as a creditor's right certificate。There is no shortage of persuasion，But there are problems that cannot be ignored。

First，The claims of the network virtual property are the saying itself is defective。Of course, the user has obtained the service，But the acquisition and use of network virtual property is the original intention and purpose of the user。From a practical point of view，Online virtual property exists on the server of the service provider and its operation and change extremely dependent on the service provider，However, the service provider is not fully controlled to control the network virtual property，Users can also change the network virtual property through related behaviors，If the number of virtual currencies bet365 live casino games increases or decreases、Types of game props, changes, etc.。And the user is in the control of network virtual property，It is often the actual leader。Although it has the permissions higher than the user，But it does not mean that the service provider can change the data bound to the user at will，What virtual property do you have to get，What kind of changes do you need to do，The leaders are generally users。Putting the operators behind the scenes in front of the stage to see it as the essence，But define the network virtual property located in the center into a table of claims vouchers，There is a tendency to go at the end，Ignoring the independent value of the network virtual property。

Next，NFT existence and operating method is different from traditional network virtual property，It is inevitable that the object that regards NFT as a creditor will inevitably occur。NFT is not like ordinary network virtual property on a centralized server，Instead, it exists above the blockchain，There are copies on many nodes。The casting of NFT、Transfer and use requires the computing power support of the miners，Can't depend on unilateral services like ordinary network virtual property，and the issuer of NFT after the issuance of the token，There is often no need to bear more obligations，This makes NFT，There are great difficulties to seek an exact debt party。

Last，If the claims are admitted，NFT's relief will encounter great difficulties。Debt relief methods are more single，Insufficient coverage of relief。When the creditor is infringed，According to the relative nature of the claims，Only the court can claim the right to the service provider through the court。This relief method becomes the only choice of user rights protection，It is only applicable to the situation of service providers violating contractual obligations，This will cause the relief coverage to be too narrow，It is difficult to cope with third -person or other people's violations。

　　Theory of intellectual property rights

According to intellectual Bet365 app download property rights theory，Network virtual property belongs to the intellectual achievement produced by creative activities，It should be the object of intellectual property。NFT can be used as an intellectual property object.，Characteristic features as a copyright -owned object，Platform run by the blockchain to make NFT be displayed in a certain form，Compliance with Article 3 of the Copyright Law，Based on this obtaining legal protection。Second, the object of intellectual property rights belongs to intangible intellectual achievements，Can't be actually controlled by any subject，NFT as a series of code with a combination of 0 and 1 string，With intangibleness similar to intellectual property objects，Seeing it as the protection of intellectual property objects is legitimate。

The above perspective has some rationality，But there are still questionables。On the one hand，The original works contained in NFT need to be digitized before it can be used in the cast of NFT，Once the original work is digitized，It will be easily saved、Copy or spread。In the case that a single work can be used for NFT casting many times，Because NFT generally uses the original work as the appearance of the display，Simply treat the original work as the main original support of NFT，I will definitely encounter homogeneous problems。At this time，If the originality of NFT is still above the related original works，I will also encounter an original unique question，Whether the original work as an original source is reasonable, it remains to be discussed。So，Can't simply contain a work with NFT that it is considered to be the object of copyright。On the other hand，Viruality is not the only attribute of intellectual property objects，Intellectual property objects also have non -competitiveness、Non -exclusive、Non -consuming characteristics。It is true，NFT has non -consuming consuming，No loss or loss of loss，But NFT does not have non bet365 Play online games -competitive and non -exclusive features，For a specific NFT，It cannot be used together for multiple subjects at the same time，The holders of NFT can also effectively exclude others' use。

To sum up，NFT as a new type of emerging application and online virtual property，Some characteristics of intellectual property rights，But the object that regards it as intellectual property rights is still rigorous。Relatively speaking，Property rightism or a better explanation。

　　Property right said

NFT's own characteristics and property rights theory have a high degree of fit。NFT has scarcity、Unique and exclusive traits。As far as scarcity is concerned，Platform storage space limit for blockchain、The casting cost of NFT、stacks that are rare and expensive, and NFT cannot be unlimited supply，The number of NFT is controlled within a limited range，NFT gets scarcity from this。In terms of uniqueness，NFT consists of four major components，contract address、Tokenid、Wallet Address、Links (or Hash Value)，The only code combination of the contract address and Tokenid is the main source of NFT's uniqueness。In terms of his nature，NFT is an application based on the blockchain platform，The blockchain itself has high security，The blockchain itself has high security，Related transactions and NFT ownership will be recorded by each node synchronous record，Guarantee everyone's exclusive to NFT，The owner can ensure exclusive，Positive to possess NFT、Income、Transfer、Eliminates other people's violations and other behaviors，Show the exclusiveness of NFT。Property right is the right to the world and absolute rights，As the right person as the right person to enjoy the exclusive rights，property rights need to act on a specific、Independent object，The possibility of governing the object needs。This coincides with the characteristics of NFT: the number of NFT is limited，Represents NFT can be specific; each NFT has the only code bet365 best casino games combination，represents that each NFT is an independent individual，The high security of the blockchain guarantees the disposable NFT。From this perspective，The characteristics of NFT are largely consistent with the characteristics required by the property of the property。

Digital technology development broaden the road of NFT property theory。The principle of publicity is one of the basic principles of property rights。Traditional property rights system exclude NFT outside，to a large extent is because it is difficult to find a suitable publicity method for NFT。Blockchain technology，NFT publicity questions are answered: decentralized operation mode makes it difficult for the blockchain system to be tampered with，The setting of multiple nodes enables the blockchain system to verify each other，Blockchain technology guarantees the transparent and credible information on the chain，Make the blockchain system an excellent channel for publicizing NFT and its related transactions。Publicity issues are solved and solved。

From a practical point of view，NFT and things have high similarity: NFT can not only be possessed by the subject、Use、punishment，It also occupies relevant space (real storage equipment and electromagnetic storage space); not only has independent economic value，You can also be established for the rights、Levated rights and other guarantee property rights。It can be said，NFT has the function of similar real estate，Protecting with reference to relevant property rights is a feasible way。

In short，Disputes of the legal attributes of NFT have always existed，But in the context of a digital society，Can't avoid this problem without talking。Current，Property rights saying that the legal attribute of NFT is more reasonable，Make NFT -related legal disputes in a state where there is a law。We can be on this basis，Further explore the governance path of NFT，Be cautious、Practical、Bet365 lotto review Open attitude，Make necessary risk supervision of the NFT industry。By continuously exploring the NFT legal system that is suitable for my country's national conditions，Promote the stable development of NFT -related industries under the digital economy。

　　(Author Unit: School of Law, Fujian Normal University; School of Discipline Inspection and Supervision, Fujian Normal University)