Recently, a typical enforcement case announced by the Beijing High People's Court has attracted widespread attention. The case clarifiesthat online virtual assets, such as livestreaming revenue and digital collectibles, are included within the scope of property subject to compulsory enforcement.This judicial practice provides an innovative approach to addressing the difficulties in enforcement.
Case Overview: From “No Executable Assets Identified” to the Successful Deduction of RMB 200,000 in Livestreaming Revenue
After the contract dispute between a certain industrial company and Mr. Wang entered the enforcement stage, the court queried the enforcement control system and found that Mr. Wang had no traditional executable assets under his name, such as real estate, vehicles, or bank deposits. As a result, the enforcement proceedings were temporarily terminated.
Subsequently, the judgment creditor discovered a lead:Mr. Wang had long been engaged in diamond sales through livestreaming on a certain platform, maintaining a fixed account and generating revenue.This lead was submitted to the “Enforcement Property Lead Transfer Center” of the Beijing Courts and promptly transferred to the Fengtai District People's Court of Beijing.
Upon verifying the circumstances, the court issued a Notice to Assist in Enforcement to the platform’s operating company,and, in accordance with the law, froze and deducted approximately RMB 200,000 in livestreaming revenue from Mr. Wang’s account.After the enforcement funds were received, the parties reached a settlement agreement to offset the remaining debt through installment payments of future livestreaming sales commissions. The successful handling of this case provides a practical model for dealing with similar enforcement cases involving new types of property.
Case Review: Criteria for Identifying Virtual Property and the Basis for Enforcement
Online virtual property possesses the dual attributes of “virtuality” and “proprietary nature”: the former determines the particularities of its existence and enforcement pathways, while the latter constitutes the jurisprudential basis for its status as property available to satisfy liabilities.
1. Virtuality
Unlike traditional property, the “virtuality” of online virtual property is manifested in three core elements:
- Intangibility: It is not a tangible object in the physical world, but a virtual entity existing in cyberspace, essentially comprising electromagnetic records stored on specific servers.
- Dependence on Cyberspace: Its existence is contingent upon cyberspace; its creation, use, and even transactions cannot be separated from the internet. Once detached from the online platform, it loses the basis for its existence.
- Instability of Property Value: Its economic value is typically recognized only within a specific group. For example, equipment in a particular online game has property value for players of that game, but does not have corresponding property value for other parties who do not engage with the game at all.
Legal Basis:
Article 127 of the Civil Code of the People's Republic of China provides: 'Where laws contain provisions on the protection of data and online virtual assets, such provisions shall apply.' This article establishes the legal status of data and online virtual assets for protection purposes within the fundamental civil legislation.
2. Property Attributes
Despite their virtual nature, online virtual assets possess the three core characteristics of property, and therefore fall within the category of property subject to liability:
- Value: Possession of objective economic value or market transaction price.
- Controllability: Capable of being possessed, used, and disposed of by the rights holder.
- Liquidity: Capable of being converted into monetary funds through transactions, auctions, or other means.
Accordingly, virtual property possessing the aforementioned attributes constitutes property subject to liability, and courts may impose compulsory enforcement measures thereon in accordance with the law. Accordingly, virtual property possessing the aforementioned attributes constitutes property subject to liability, and courts may impose compulsory enforcement measures thereon in accordance with the law.
Scope of Enforcement: Which Types of Virtual Property May Be Subject to Enforcement?
In judicial practice, the categories of virtual property subject to compulsory enforcement are continuously expanding:
1. Digital Assets: such as digital collectibles (NFTs), among others
2. Accounts and Virtual Items: self-media accounts with significant commercial value (such as Douyin and WeChat Official Accounts, among others); virtual gifts on live-streaming and other platforms; high-level gaming accounts and rare equipment; and valuable domain names.
3. Rights to Earnings and Operational Rights: operational rights to online platform stores; membership interests with proprietary characteristics, among others.
4. Data Property: databases and customer information assets held lawfully by enterprises that possess commercial value, among others.
The criteria for determination are as stated in the preceding point:whether it possesses clear property value, can be effectively controlled, and can be lawfully valued and liquidated.
Case Extension: Exploring Diverse Enforcement Methods
Based on the aforementioned property attributes, in addition to the case mentioned at the beginning of this article, judicial practice has explored various other effective enforcement pathways:
1. Direct Auction for Liquidation
The People's Court of Linshui County, Sichuan Province, publicly auctioned a top-tier gaming account belonging to a judgment debtor on a judicial auction platform, which was ultimately sold for RMB 213,000, achieving successful liquidation. [(2025) Chuan 1623 Zhi No. 961]
2. Debt Satisfaction through Transfer of Assets in Kind
In a labor dispute between Zhou and a certain trading company in Zhuzhou, through negotiation, the judgment creditor agreed to accept the judgment debtor company’s live-streaming account to satisfy the entire debt. The case was closed after the delivery of the account access rights was completed.
Practical Operational Guidelines: From Leads to Recovery
Creditors and their representing attorneys may adopt the following strategies:
Step 1: Lead Mining – Investigate Whether the Judgment Debtor Is
Do not focus solely on traditional assets such as real estate and vehicles. Your debtor may be hiding wealth in their mobile phone. Please prioritize investigating whether the judgment debtor is active in the following areas:
- Live-streaming/Short-video Sector: Is he or she a streamer or highly active content creator on a certain platform? Have the earnings from the live-streaming room been withdrawn?
- Gaming Community: Is he or she a hardcore gamer? Does he or she own high-level, well-equipped gaming accounts that can fetch a high price?
- Digital Collectibles Community: Does he or she keep up with trends and hold NFTs, digital artworks, and the like?
- E-commerce/Self-Media Community: Does he or she operate revenue-generating accounts, such as Taobao stores, Xianyu accounts, WeChat Official Accounts, or Douyin accounts?
Step 2: Identify the Target and Submit “Precise Leads” to the Court
Identifying leads is only the beginning; submitting them to the court is the key.
- Organize the Leads: Systematically organize the leads you have discovered, clearly stating the platform name, the counterparty’s account ID, and the type of assets you suspect (such as live-streaming earnings, store deposits, etc.).
- Formal Submission: Prepare these materials in written form and formally submit them through the court's "Property Clues Transfer Center" or other official channels.
- In-depth Investigation (Advanced): If more detailed information is required (such as account transaction records, linked mobile phone numbers, etc.), you may apply for a lawyer's investigation order. With such an order, you may request data production from the relevant platforms, which is significantly more effective than conducting independent inquiries.
Step 3: Tailor Enforcement Applications to the Specific Assets
Enforcement methods vary depending on the type of virtual property. When submitting applications to the court, ensure that measures are precisely targeted:
- Account balances (such as livestreaming revenue or wallet balances): Directly apply for freezing and deduction.
- Valuable virtual items (such as gaming equipment or unrealized copyright royalties): Apply to the court for seizure and request compulsory delivery by the person subject to enforcement.
- Assets with market value: Apply to the court to engage professional institutions for valuation, followed by online judicial auction, with the proceeds used to satisfy the debt.
- The most challenging accounts (such as social media accounts or online stores): This involves not only "seizure," but also applying to change the real-name authentication information. Only by transferring the account "owner" to the creditor or buyer can the rights be thoroughly transferred, thereby ensuring that enforcement is fully carried out.
Step 4: Platform Cooperation: Clarifying Legal Obligations
A court judgment requires platform cooperation to take full effect. In this step, we need to urge the court to take proactive measures:
- Issuing Letters to Platforms: Request the court to promptly issue a Notice of Assistance in Execution to the relevant platforms (such as Douyin, Tencent, Alibaba Auction, etc.), explicitly requiring the platforms to fulfill their statutory obligations, including inquiry, freezing, deduction, and facilitating transfer of ownership.
- Addressing Key Challenges: For virtual assets such as live-streaming accounts and self-media accounts that require a change in ownership, it is essential to explicitly request the platform's assistance in completing the mandatory change of "real-name authentication information" and "linked mobile phone number." This point is crucial; otherwise, even if the account is frozen, the person subject to enforcement may still recover it through appeals, resulting in ineffective enforcement.
- Legal Basis: There is no need to worry about non-cooperation from platforms. Guiding Case No. 267 issued by the Supreme People's Court has provided clear legal rules for such operations. With the court's documents and this precedent as support, platforms are obligated to cooperate in completing the change of ownership, ensuring that the enforcement outcome is secure and free from subsequent disputes.
Summary:
The path from discovering clues to final recovery of funds is clear:Identify individuals and assets → Submit to the court → Apply by category → Secure platform cooperation.
Each step requires strategy and patience; however, with the proper approach, virtual assets, as this "new frontier," can likewise serve as an effective safeguard for creditors to realize their rights and interests.
Conclusion
The case from the Beijing High People's Court sends a clear and significant signal: virtual property is no longer merely "a string of code" on a screen, but rather "real money" protected by law.
- Forthe courts, it breaks through the boundaries of traditional property, extends the scope of investigation and control into the digital realm, and opens up new pathways for creditors to realize their rights and interests.
- Forlawyers, this represents an upgrade in professional competence—only by understanding the rules governing live streaming, online games, and digital collectibles can lawyers truly assist clients in the era of the digital economy.
- Forthe public, this serves both as a "reassurance" and a "warning": your digital wealth will receive judicial protection, but attempting to evade debts by "hiding assets in your mobile phone" will no longer succeed.
The enforcement of virtual assets has evolved from isolated cases to a routine practice, representing an inevitable step for the judiciary to keep pace with the times. It extends the reach of law into the digital world and ensures that the value of every unit of digital labor has tangible legal backing.
About the Lawyers
Xu Qian, Partner at Mankun Law Firm. As a partner at Mankun Law Firm, she has sixteen years of legal practice experience. Since beginning her career, she has focused on criminal defense, corporate legal counsel, and cases involving the intersection of criminal and civil law. She possesses a solid theoretical foundation in law and extensive experience in criminal defense, particularly in cases involving new economic crimes, novel internet-related crimes, and financial crimes. She is committed to providing professional and efficient legal support to clients to safeguard their legitimate rights and interests.
Jin Weilin, Legal Assistant at Mankun Law Firm. He holds a Bachelor of Laws from the University of Birmingham and a Master’s degree in Intellectual Property from City University of Hong Kong. With a multi-jurisdictional educational background, he has long been dedicated to researching legal risk prevention and compliance framework construction in the Web3 industry. He closely monitors regulatory policies and judicial practices regarding digital collectibles, cryptocurrencies, and DeFi across major global jurisdictions, providing practical support for the compliant development of Web3.
About Mankun
Mankun Law Firm was established in 2015 as a boutique law firm in China specializing in the Web3 new economy and deeply rooted in the blockchain industry. The Mankun team members possess unique and diverse industry backgrounds, hailing from renowned legal service institutions, state judicial organs, internet technology companies, crypto asset institutions, and blockchain industry think tanks.
Leveraging a profound understanding of the new economy, continuous attention to and research on policies and regulations, and extensive practical experience, the Mankun team excels in providing comprehensive legal services from the perspectives of business models and legal practice. These services include business structure design, project financing and investment, transaction planning, operational compliance, resolution of complex civil and commercial disputes, prevention and control of criminal risks, and criminal defense for new economy enterprises in sectors such as Web3, blockchain, AI, NFTs, digital collectibles, crypto funds, crypto payments, DeFi, real-world assets (RWA), and GameFi.
Mankun Law Firm is headquartered in Shanghai and has branch offices in Hong Kong (China), Silicon Valley (USA), Shenzhen, Hangzhou, Zhengzhou, and Chengdu. To meet the global compliance development needs of Web3 industry clients, Mankun has established local offices in major global crypto-financial cities and selected local professional blockchain service partners, providing clients with professional legal and compliance services characterized by global breadth and Chinese depth.
