The Study Of Tort Liability Composition On Network Virtual Property

In recent years,as a resault of the large number of transfer quantity and disputes aboout virtual property,people pay more attention on the discussion about the legal nature and protection of virtual property. In my article, I intend to analyze the defination and featrue of online virtual property.My article bases on Tort Liability Law of the People’s Republic of China. I analysed tort liability composition, in order to help to resolve the dissension of network virtual property.In the first chapter,I mainly introduce the origin, development status and the concept of property attributes,to pave the way for the discussion belowIn the second chapter,I make a distinction from the theory of three elements to four elements. From the fault of the violations of the two aspects, the theory of four elements can better protect the network virtual property in the judicial practice.In the third chapter,I summarize the delict of tort liability composition of network virtual property. Firstly,I illustrate what kind of acts were illegal.Secondly, I liste several kinds of delict in tort liability of network virtual assets. Lastly,I explain the standard of illega behavior.In the forth chapter, I summarize the damage of tort liability composition of network virtual property. At first,I introduce that what kind of facts should be identifieded to be the facts of damage. Secondly, how do we estimate the range of the damage. I consider that the value of network virtual property should be decided by its steady price a period of time. If there isn’t, we can decide its value by calculate the cost of player to get it.In the fifth chapter, I summarize the causation of tort liability composition of network virtual property. I introduced nature of causation. The key part is how to discourse whether there is causation between the the facts of damage and behavior. First, we should analysis intuitively; then, we should observe it with Theorie der adaquaten versachung; lastly, we can appeal to the theory of law’s causation.At the last part of my chapter, I summarize the liability for fault of tort liability composition of network virtual property. One is that operating agencies are ruled by principle of liability with fault. It means that presumed operator of the game is at fault when the operator of the game can not prove or the existence of impunity reasons.The other is about somebody.They are charged with liability for fault. It means that party bears the burden of proof of fault of the general internet users by the victim, if not, general network users are identified without fault.