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Research On Tort Liability Of Network Virtual Property

Posted on:2011-02-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:L H ZhangFull Text:PDF
GTID:1116360305453771Subject:Civil and Commercial Law
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Internet technology brings a lot of facilities to people's life. Meanwhile, it also brought many new problems to us. I have proposed the tort liability of network virtual property in our country, which hopes to promote the research of theoretical issues and solve the problem produced in practice.In addition to the introduction and epilogue, the body of this thesis is divided into five chapters.Chapter 1 dissertation on basic problems of network virtual property Elementary concepts and theoretical issues relating to the network virtual property are examined. In first section, I weigh three elements to determine which is the network virtual property this thesis discuss: (1) whether the environments is open or closed, (2) whether it has been commodified and (3) whether it is collaborative. Then I defined network virtual property is rivalrous, persistent, and interconnected network resource. I conclude network virtual property belongs to private property scope and completely can be recognized as subject matter of property right. In second section, I commented different views of the right's attribute of network virtual property. Next I define the network virtual property as a special real right. In third section, expound on the concurrent theory of contract liability and tort liability, the shortcoming of the contract liability and it tends towards absolute tort liability. In fourth section, I compare the network tort and network virtual property tort, network virtual property tort is the special network tort because of the tort subject.Chapter 2 the criterion of imputation of network virtual property tort liability By comparing concept regarding the criterion of network virtual property tort liability, addressing criterion of network virtual property tort liability, I holds that fault liability as fundamental principles of the imputation of network virtual property tort liability. I think the network developer should bear the presumptive tort doctrine, it removes the burden of proof from plaintiff, it could be seen as an exception of fault liability.Chapter 3 constitutive requirements of the network virtual property tort liability In first section, I introduce the views on the constitutive requirements of tort liability. As the analysis tool, I demonstrate there are four essentials that the liability of network virtual property the infringement requires: the illegal acts, the fact of damage, the causation and the subjective fault. Especially the illegal act as a depend element of the constitutive requirements of network virtual property tort liability. In second section, I descript the different standards and types of illegal acts. In third section, the fact of damage, first I list the main type of the fact of damage caused by network virtual property tort behavior. I conclude the features of the fact of damage caused by network virtual property tort behavior. The fourth section covers causation of network virtual property tort. By discussing the concept of causation, analyzing various theories on determining the causation, and examining ways of the application of causation, I come to a conclusion that the network developer's mission only causes the fact of damage with the other acting of the tort. In the fifth section the subjective fault I focus on the network developer's subject fault. The standard of the network developer's subject fault is the violating of duty of care. I list the main duties of care. First the network developer should bear the 36th of the tort liability act and the obligation of security of the network developer. Then analyze the"China first cases on network virtual property", namely the case of LiHongchen V. Beijibing, which lifts Chinese research curtain on network virtual property.Chapter 4 bearing civil liability of network virtual property tort. In first section is about the third party or the network developer as the only subject of bearing civil liability of network virtual property tort. I discuss whether the virtual subject could bearing civil liability of network virtual property tort. In second section, I discuss the share of liability by the third party and the network developer. According to the fault of the network developer, the first situation is when the network developer fully aware the mission will cause the fact of damage but indulgent it happens, the network developer is intentional. The second situation is when the network developer didn't fulfill its obligation of security, the network developer is negligence. When the network developer is intentional, he should bear the joint liability with the third party; When the network developer is negligence, he should bear the proportionate tort liability confirmed by his fault, contribution to damage and hazard. In third section, I introduce the methods of bearing civil liability of network virtual property tort, and how to calculate the amount of compensation.Chapter 5 China's legislative design of the network virtual property tort liability. First I carried out the assessment of status quo of China's legislative design of the network virtual property tort liability. The existing network tort and property tort couldn't cover the network virtual property tort liability. Our country should be re-carding the specific liabilities, putting the request of the network virtual property tort within the frame work of the responsibility of the form into the corresponding integrated into tort law. Then the detail should be resolved by the act of network virtual property.
Keywords/Search Tags:network virtual property, criterions of imputation, constitutive requirements, bearing civil liability, legislative design
PDF Full Text Request
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