Study On Tort Liability Of Cyberspace Virtual Property

With the development of network technology, computer and cyberspace have been a most important life style in our daily life. And a large number of problems of Internet are also exposed. At present, jurist research nature of virtual property more than tort liability of virtual property. But violation cyberspace virtual property cases become more and more large.This paper inquires into the pattern, the nature and the meaning and the category of the cyberspace virtual property, and clarifies the tortuous act style of cyberspace virtual property and imputation principles of violation cyberspace virtual property and defenses and assumption of responsibility. This paper consists of five parts:Partâ… : This part mainly introduces the basic theory of the cyberspace virtual property, and discusses on the nature of the cyberspace virtual property, and points out it possess nature of corpus. So it will be protected of law of right of things. This part also clarifies the concept and characteristic of the tort liability of cyberspace virtual property. Finally on the basis of analysis of above, we make several questions about tort liability of cyberspace virtual property in our law. This lay a foundation for next part.Partâ…¡: This part analyzes tortuous act style of cyberspace virtual property, and concludes that the violation cyberspace virtual property different from other tortuous act. And then discuss the major components of cyberspace virtual property. It has four parts about unlawful conduct, proximate causation, injure and mistake. Partâ…¢: This part discusses the imputation principles of violation cyberspace virtual property. In author opinions, the different tort-feasor should be used different imputation principles. Internet service provider and internet content provider should be used strict liability and other web users assume fault-based liability.Partâ…£: On the basis of partâ…¢, this part point out the defenses of tort cyberspace virtual property inclusion fault on the part of the other one, comparative negligence, assumption of the risk, unexpected event and reasonable defend of internet service provider and internet content provider.Partâ…¤: This part author thinks the tort-feasor should assume responsibility inclusion replevin, stop the tort, elimination risk and so on.