Interpretation of Typical Cases by the Beijing High Court: How Live Streaming Earnings and Digital Collectibles Are Enforced.

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3 hours ago

Original Authors: Xu Qian, Jin Weilin

Recently, a typical execution case reported by the Beijing High People's Court has attracted widespread attention. This case clearly states that live broadcast earnings, digital collectibles, and other online virtual properties are included in the category of properties subject to compulsory execution. This judicial practice provides an innovative path to resolve the “enforcement difficulties.”

Case Introduction: From "No Property Available for Execution" to Successfully Seizing 200,000 in Live Broadcast Earnings

After a contract dispute case between a certain industrial company and Wang Mou entered the execution process, the court found through a control system query that Wang had no real estate, vehicles, bank deposits, or other traditional properties available for execution, and the case temporarily ended this execution process.

Subsequently, the applicant for execution discovered a clue: Wang has been engaged in diamond sales and live broadcasting activities on a certain platform for a long time, possessing a fixed account and earnings. This clue was submitted to the Beijing court's "Execution Property Clue Transfer Center" and was quickly handed over to the People's Court of Fengtai District, Beijing.

After verifying the situation, the court issued a "Notice of Assistance in Execution" to the platform operating company, legally freezing and seizing Wang's live broadcasting earnings of about 200,000 yuan. After the executed amount was received, both parties reached a settlement agreement to offset the remaining debt with future live broadcast sales commissions in installments. The successful handling of this case provides an operable model for dealing with similar new property execution cases.

Case Review: Identification Criteria and Execution Basis for Virtual Property

Online virtual property possesses dual attributes of "virtuality" and "property": the former determines the uniqueness of its existence and execution path, while the latter forms its legal basis as a responsible property.

1. Virtuality

Unlike traditional property, the "virtuality" of online virtual property is reflected in three core elements:

  • Intangibility: It is not a tangible object in the physical world, but a virtual object existing in cyberspace, essentially stored as electromagnetic records on specific servers.
  • Dependency on Space: Its existence is conditioned by cyberspace, and its production, use, and even transactions cannot be separated from the Internet; once detached from the online platform, it loses its basis for existence.
  • Unstable Property Value: Its economic value is usually only recognized within a specific group. For example, equipment from a particular online game has property value for players of that game but has no corresponding property value for others who do not engage with the game.

Legal Basis:

Article 127 of the Civil Code of the People's Republic of China states: "Where the law provides for the protection of data or online virtual property, it shall be governed by those provisions." This clause clarifies the legal protection status of data and online virtual property in basic civil law.

2. Property Attributes

Despite its virtual attributes, online virtual property possesses the three core characteristics of property, thus falling under the category of responsible property:

  • Value: It has objective economic value or market transaction price.
  • Disposability: It can be owned, used, and disposed of by the rights holder.
  • Convertibility: It can be transformed into monetary funds through transactions, auctions, etc.

Thus, virtual property that possesses the above attributes is considered responsible property, and the court may take compulsory execution measures against it. Thus, virtual property that possesses the above attributes is considered responsible property, and the court may take compulsory execution measures against it.

Scope of Execution: What Virtual Properties May "Make the List"?

In judicial practice, the types of virtual properties that may be subjected to compulsory execution are continuously expanding:

1. Digital Assets: Such as digital collectibles (NFTs), etc.

2. Accounts and Virtual Items: Self-media accounts (such as Douyin, WeChat Official Account, etc.) with high commercial value; gifts from live broadcast platforms; high-level game accounts and rare equipment; valuable domain names.

3. Rights to Earnings and Operating Rights: Operational rights to online platform stores; membership rights with property attributes, etc.

4. Data Assets: Legally held databases and customer information assets with commercial value by enterprises.

The criteria for judgment are as mentioned above: whether there is clear property value, whether it can be effectively controlled, and whether it can be legally valued and converted.

Case Extension: Exploration of Diverse Execution Methods

Based on the above property attributes, in addition to the case mentioned at the beginning of this article, judicial practice has explored various effective execution paths:

1. Direct Auction for Monetary Conversion

The People's Court of Linshui County, Sichuan Province publicly auctioned a defendant's top-level game account on a judicial auction platform, ultimately selling for 213,000 yuan, successfully converting it into cash. 【(2025) Chuan 1623 Zhi 961 No.】

2. Debt Settlement with Property

In a labor dispute case between Zhou Mou and a certain trading company in Zhuzhou, after negotiations, the applicant for execution agreed to accept the defendant company's live broadcast account as compensation for all debts, completing the transfer of account rights and closing the case.

Practical Operation Guide: From Clue to Collection

For creditors and their legal representatives, the following strategies can be adopted:

Step 1: Dig for Clues, Investigate Whether the Defendant:

Stop focusing solely on real estate and vehicles as traditional assets. Your debtor may be hiding wealth in their phone. Please specifically check whether the defendant is active in the following areas:

  • Live Broadcast/Short Video Field: Are they a host or a highly active creator on a certain platform? Has the income from the live broadcast been withdrawn?
  • Gaming Field: Are they a heavy player? Do they have high-level accounts with excellent equipment that can fetch a good price?
  • Digital Collectibles Field: Are they trendy and hold NFTs, digital artworks, etc.?
  • E-commerce/Self-Media Field: Do they operate a Taobao store, Xianyu account, WeChat Official Account, or Douyin account that generates income?

Step 2: Identify Targets, Submit "Precise Clues" to the Court

Finding clues is just the beginning; submitting them to the court is key.

  • Organize Clues: Systematically organize the clues you discover, clearly listing the platform name, the other party's account ID, and the type of asset you suspect (such as live broadcast earnings, store deposits, etc.).
  • Official Submission: Form these materials into written documents, officially submitting them through the court's "Property Clue Transfer Center" or other official channels.
  • In-depth Investigation (Advanced): If you need more detailed information (such as account transaction history, bound phone numbers, etc.), you can apply for a lawyer's investigation order, holding the order to request information from related platforms, which is much more effective than our own inquiries.

Step 3: Execute targeted strategies based on "Finance," Submit Targeted Execution Applications

Different types of virtual properties require different execution methods. When submitting applications to the court, be sure to target accordingly:

  • If there is a balance in the account (e.g., live broadcast earnings, wallet balance): Directly apply for freezing and seizing.
  • If there are valuable virtual items (e.g., game equipment, unwithdrawn copyright earnings): Apply to the court for sealing and request the defendant be compelled to deliver.
  • If there are assets with market value: Apply for the court to commission a professional organization for evaluation, then proceed with online judicial auction, with funds used for debt repayment afterward.
  • The most challenging accounts (e.g., self-media accounts, stores): This involves not only “sealing,” but also applying for a change of real-name registration! Only by changing the account "owner" to the creditor or buyer can the rights be completely transferred, thus truly achieving execution.

Step 4: Platform Collaboration: Clarifying Legal Obligations

The court's judgment requires collaboration from the platform to take effect. In this step, we need to prompt the court to take proactive measures:

  • Send Letters to Platforms: Request the court to timely issue "Notices of Assistance in Execution" to relevant platforms (such as Douyin, Tencent, Alibaba Auctions, etc.), clearly requiring the platform to fulfill legal obligations such as inquiry, freezing, seizing, and cooperating in ownership transfer.
  • Overcome Difficulties: For virtual properties such as live accounts and self-media accounts that require ownership change, it is crucial to clearly demand the platform assist in the compulsory changes to "real-name registration information" and "bound phone number." This point is vital; otherwise, even if the account is frozen, the defendant may still retrieve it through appeals, rendering execution ineffective.
  • Legal Basis: There is no need to worry about lack of platform cooperation. Guiding case number 267 from the Supreme People’s Court has provided clear legal rules for such operations. With the court's documentation and this precedent backing, the platform is obligated to cooperate in completing the ownership change, ensuring execution results are worry-free.

Conclusion:

The path from discovering clues to ultimately receiving payments is clear: Investigate people and property → Submit to the court → Categorize applications → Collaborate with platforms.

Each step requires strategy and patience, but as long as the methods are right, this "new continent" of virtual assets can also be a solid guarantee for creditors to realize their rights.

Closing Remarks

This case from the Beijing High Court sends a clear and important signal: virtual property is no longer just a "string of code" on the screen, but "real money" protected by law.

  • For courts, it breaks the boundaries of traditional property, expanding the scope of inquiry and control into the digital realm, opening new paths for creditors to realize their rights.
  • For lawyers, this is an upgrade in professional capabilities—only by understanding the rules of live broadcasting, gaming, and digital collectibles can they truly assist clients in the digital economy era.
  • For the public, this acts both as a "comfort pill" and a "warning sign": your digital wealth will receive judicial protection, but trying to hide property in your phone to evade debt will no longer work.

The execution of virtual property moving from individual cases to normalization is a necessary step for the judiciary to keep pace with the times. It extends the reach of law into the digital world, ensuring that every bit of digital labor has a solid basis for value.

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