Research On The Security Obligations Of Online Games Operators To Virtual Property

Along with society's developmenting and the technical's progressing, the network integrates our life day by day. In network, the people have broken the space and time limitting, They can exchange information in the hypothesized world freedomly and fastly. But, while network rapidly expanding, the traditional law produces regarding the network environment under a series of questions actually have too many problems to tackle. At the same time, the network social relations' fast change requests the legal rules to need objectively to renew unceasingly, but the traditional law's stability causes it very inaccessibility; On the other hand, the traditional law has big Zhou Yanxing, under network environment each kind of dispute is not very difficult to have the suitable law to cause the decision to have legal support. Is precisely under this kind of contradiction, myself have selected in the network a kind of special case dispute, namely the case which encroaches is carried on to the network game's hypothesized property the research, analyzes under the network environment, the operator to the hypothesized property's safety control duty, makes up the current law not to be incomplete. Through to this question's research, hoped that by slightly sees in a big way, then enlarges to the entire network society in the contradiction and the conflict, thus arouses legislator's interest and takes the measure positively.In the network game operator's safety control duty, in our country law has not been related the stipulation, was only has given the acknowledgment in the legal decision, was suitable the safety control duty regarding the network game in the legal principle theory of law to rest on, the operator safety control duty legal nature and the content, the operator violates the safety control duty the responsibility to undertake the way and so on not to stipulate, myself thought the basis danger control theory, the income and the risk theory, the faith relations theory, the cost benefit theory, the enterprise community responsibility theory, in the network must be suitable the safety control duty. Forms through the inspection safety control duty with the development process as well as to the overseas related safety control duty theory comparative analysis, myself attempt to the network game operator's safety control duty concept carry on the limits, then further analyzes the operator safety control duty the legal nature: The operator safety control duty's contract and the right infringement, the operator safety control duty form's ambiguity (take positive achievement duty as principles, take negative does not take duty as exception). Then, according to the operator safety control duty's content, the concrete study operator safety control duty's content, as well as the operator violates the safety control duty to undertake the responsibility two ways: Direct liability and supplement responsibility. Although newly through "Right infringement Responsibility Law" played the role for the safety control duty in the practical life to provide the turning point, but it is a pity, newly through "Right infringement Responsibility Law", although noted the network right infringement gravity, but has not made the stipulation to operator's safety control duty. Myself designed "Code civil Abuse of authority Law" from formerly the scholars obtain, to unify "Right infringement Responsibility Law" newly the concerned requirements, will inspect the overseas correlation theories as well as our country law, the laws and regulations related stipulation, the attempt analyzes operator's safety control duty in the later legislation system's position, hope through these research, not only will give the solution to the network game's dispute document the way, will be to takes the judicial precedent creation product the safety control duty theory consummation.The article except the introduction and the conclusion, mainly includes five parts:The first part has the safety control duty legal principle theory of law basis research to the hypothesized property nature analysis and the operator to the hypothesized property. Obtains from our country domestic first example hypothesized property dispute document, to draw out the question, through the educational world combing which argued to the hypothesized property attribute with our country present network hypothesized property legal protection present situation analysis, the discussion hypothesized property legal attribute, draws own conclusion. Based on this, further analyzes in operator's to undertake the safety control duty legal principle theory of law basis to network game hypothesized property.The second part is to the operator safety control duty legal nature analysis. Inspected the safety control duty to propose that to form and develops, has analyzed the safety control duty theory using the comparison test in the mainland legal system and the UK-US legal system different stipulation and the development, through the above research, attempted to this article in the operator safety control duty concept carries on the limits. Then analysis operator safety control duty contract and right infringement, as well as operator safety control duty ambiguity.The third part is analyzes the operator safety control duty the content, mainly elaborates the operator safety control duty scope and the operator safety control duty actual content. In determined when operator safety control duty reasonable scope, myself proposed that must follow the aptness principle, the reasonable anticipation principle and the case judgment principle; When analyzes operator's safety control duty, article overall analysis operator in hardware and software two aspect concrete duties.The fourth part is analyzes the operator to violate the safety control duty the responsibility to undertake. Through inspects our country current law, the laws and regulations to the safety control duty concerned requirements, analyzes the operator to undertake time the direct liability and in the supplement responsibility concrete shape, the legal principle theory of law support, the different constitution important document as well as the concrete responsibility undertake the way.The fifth part is consummates our country law to the operator safety control duty ponder. This part of research safety control duty in our country abuse of authority law's way choice, analyzes the safety control duty integrates the legislative system's feasibility, undertakes the responsibility reasonable scope explicitly, as well as to our country hypothesized property dispute's legal prevention mechanism consummation.In article writing process, also has the difficulty: Now the overwhelming majority paper concentrates in hypothesized property attribute recognizing and in the legal protection stratification plane, particularly recognized to the hypothesized property's attribute, has wide divided opinions, is unable to agree. Myself propose my view to the hypothesized property's attribute: Namely played the family to work out the contract of service during purchase hypothesized property, after business has related had finished, plays the family enjoyed the hypothesized property"the thing"property rights, but rested on the legal obligation and game's distinctive quality, the operator to played the family still to have the safety control duty. Regarding this duty, our country legislates to hit the explicit stipulation, in the judicial trial also has not been only fuzzy mention, therefore, are very few regarding this question some people to concern, may refer the material few is a big difficult problem. Myself can only profit from the correlation theories foundation, utilizes the knowledge which studies to attempt to this problem analysis, the research, focuses hypothesized property dispute which increases day by day in our country, from scientific theory stratification plane, system stratification plane analysis protection network hypothesized property value guidance, system design and so on various aspects significance, and with the comparative analysis legal science's method, proposed that the protection hypothesized property's concrete method and the legislative idea, try hard to make up the present domestic and foreign fundamental research the blank, enables this question in order to obtains the effective solution in the theory and the practice.