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Virtual Property Disputes Legal Issues

Posted on:2012-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q WeiFull Text:PDF
GTID:2166330332498011Subject:Law
Abstract/Summary:PDF Full Text Request
Virtual objects is accompanied by the rapid development of Web services emerged, although only a short period of ten years time, it has quietly entered into the various aspects of people's lives. Whether it is entertainment, or daily consumption of a lot of people are slowly becoming an integral part of life. However, facing growing network of industry, the various disputes virtual objects also will be unannounced. As virtual objects exist in the form of particularity of the rights of virtual objects in violation of the rights, often do not know how to use the law to safeguard their rights. This required the legislature, the judiciary the exclusive use of their power to make the virtual object the settlement of disputes clearly defined. In China, the reality is, the legislature of the property because the nature of virtual property is not qualitative but has been reluctant to regulate the development of special laws, and judicial practice, the judiciary can only find their way to say that this is China's judicial activities Very regrettable thing.In China, relative to the physical nature of virtual property disputes, the performance of the confusion in the judicial process was more prominent, the problem is more difficult of legal theory in understanding the properties of virtual property rights, whether physical property of a virtual network of support, or agree with claims of virtual property, but at least most people recognize that virtual property has a property of that on it reflects the law should protect the social relations. However, once this type of dispute into the judicial process, because there is no specific law of the regulation, identified the different parties in the judiciary, the third qualification, such as procedures defining the jurisdiction issue, the referee made the results often varied widely. As virtual objects continue to increase in dispute cases, the nature of the case also will be increasingly complex, in order to better safeguard the rights of virtual objects legitimate rights and interests, reduce the lag in legislation and the losses caused to the parties as soon as possible the reunification of becomes imperative of judicial procedure.The first part, to the basic concepts of virtual objects base point, from the property, rights and other attributes of their point of view is reviewed. Focuses on the virtual objects should be protected by law and the nature of the rights of property ownership and other issues. The second part, from the plight of the starting current judicial practice, for the possession of virtual property disputes, valuation issues such as physical description, and the current common types of disputes the necessary exposition. The third part focuses on the litigants, filing, jurisdiction and procedures for the allocation of the burden of proof issues, and issues related to personal views of the author. The fourth part, from the legislative and judicial level, made a number of virtual objects on the concept of dispute settlement mechanisms.
Keywords/Search Tags:Virtual objects, property rights, judicial protection, civil disputes
PDF Full Text Request
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