On The Virtual Property Disputes And Solutions

With the advancement of technology and the advent of the information age, online games industry, such as the WBC general have developed rapidly, the online games in the virtual property, such as weapons and equipment also moved quickly into the manipulation of tens of millions of people. At the same time, followed online games from the virtual property disputes and disputes, theft and fraud cases also have occurred one after another. However, the judicial officers of the virtual property for the legal definition of illegal sanctions and it is conflicting legal theory workers for virtual property is divergent difficult to convince others. Clearly, virtual property online games for the Legislative Council and civil law theory with new challenges. Lawyers must not turn a blind eye on the virtual property online games, and much of the bullet. Because it is not only for legal workers provided battlefield At the same time, this is also the legal obligations and workers should not shirk responsibilities, and obligations are not arbitrary abandoned.Game needs rules, life has to be standardized, network inseparable from the protection of the law and restraint. I believe that traced its essence, network virtual property is stored in the network server in the data records, including ID, personal information and data by the players in the game was a wide range of items of data, it also has economic value of the property interests.I am seriously considering the essence of the problem, efforts to explore the topic of the new law. I will try to virtual property disputes types, causes, conduct analysis and discussion of virtual property disputes and difficult problems, and the protection of personal property virtual legislative proposals to establish a fair, orderly, regulated Internet gaming service platform for online games more good to satisfy the masses of the people's cultural spiritual needs, facilitate, rather than block online games industry healthy and rapid development.This paper discusses the first part of the type of virtual property disputes, the article on the type of virtual property disputes a brief analysis focuses on the virtual property disputes types: data loss due to the game triggered disputes because of fraud in the virtual property transactions triggered the dispute; operators to suspend operations because of the trigger disputes triggered by the theft of virtual property disputes by the use of "plug", "Sifu" trigger disputes.This paper discusses the second part of the virtual property disputes causes, the reasons for virtual property disputes legislative analysis of China's current legislation on online games has remained relatively stagnant, virtual property disputes technical reasons analysis, virtual property protection technology is not yet ripe for virtual property disputes Analysis of social causes, including efforts to guide public opinion not enough, network management and monitoring measures cafes do not sound moral education network mechanisms and norms have not yet formed a network of moral education is an effective way in the process of exploring.This paper discusses the third part of virtual property disputes and difficult problems. Virtual finds that the value of the property, I think that in dealing with the reality of virtual property disputes, the players should take the virtual loss of property to be restored, and as far as possible not to take cash compensation, so as to avoid virtual value of the property by uncertainty the problem; allocation of the burden of proof, the article detailed analysis of the players and operators, the onus of their violations of the spirit of virtual property damages issues, this paper argues that the virtual audience against unscrupulous property, and under certain conditions should be mental damages. If the virtual property against the spirit of the audience did not cause pain or caused only minor psychological unrest, there is no need to be moral damage compensation, which should be strictly controlled, can not be too relaxed, to prevent abuse right of appeal.; Of the virtual property evidence to identify problems, the virtual property disputes evidence to identify problems when entering stage of the proceedings, the evidence provided by the parties to confirmation by the court before final judgement as the basis for the case.This paper discusses the fourth part of the substantive law of virtual property protection, virtual property legislation at this stage design, "Property Law" article 2, paragraph 2 to judicial interpretation, users and operators to determine the relationship between the safe custody of the contractual relationship, a regulatory system users and operators between the terms of service contracts in this format unfair terms. Virtual property legislation future design, in the "Civil Code" of the formulation of expanding the scope of development of online games separate regulations, property rights legislation virtual network model choice; Virtual Property Protection Act procedures, including the establishment of network arbitration system, the allocation of the burden of proof, Virtual property litigation in the preservation of electronic evidence and its network of virtual property disputes accountability.The development of online games not only enriches people's lives amateur, but to the prosperity of the relevant industries and high-speed growth. Although the network undesirable content in the game will affect the physical and mental health of young people, and bring about some social problems, but we can not be a risk. The urgent need for the economic realities of the game in the network to protect virtual property. Network around the property disputes and crime more and more, to bring great social factors of instability, but also for the development of the network economy create obstacles. Thus, the law as a reflection of social relations, should establish the legal status of virtual property, for people to take the power to protect their own rights and interests of relief lay the legal basis, from the substantive and procedural law of perfecting the relevant legal protection measures.