Research On The Tort Of Online Virtual Assets

Along with the development of the internet, virtual assets become anindispensable part of people’s daily network activity and play an intermediary role ofvirtual network data exchange, while the criminals also fastened their eyes on virtualassets. To protect network virtual assets, firstly, concepts and characteristics of virtualassets are certain understandings in order to determine its legal attributes and theownership, then the tort which targeted the virtual assets is analyzed, and the tortliability is determined ultimately, making the internet user’s virtual assets rights getprotected. In this way, the positivity of the internet users to protect virtual assets canbe increased, so as to combat crimes against virtual assets across-the-board.Therefore, in Chapter I, the definition, types and characteristics of the virtualassets are presented. The premise of different virtual assets can be divided into twotypes: paid virtual assets and unpaid virtual assets. Then the characteristics of thenetwork virtual assets are described, i.e., valuable, virtual property, duplicability,negotiability, duration, and easily damaged.Chapter II is based on the first chapter. Virtual assets infringement contraposednetwork virtual assets occurred frequently, and the intensity and the ways of theprotection seem too weak in the face of these violations. This chapter tries to analyzethe reasons. Firstly, there is no explicit legislation on virtual assets infringement casesabout civil compensation; secondly, there is a large number of unreasonable terms inthe standard terms of user assignment.In order to solve the problems described in Chapter II, some measures are givenin Chapter III. Firstly, the definition of the legal property and the ownership of virtualassets are given, on which explicit protection can be done. In this chapter, severalmajor theories about legal property of virtual assets are introduced and analyzed,including intellectual property rights, claims, and property rights. Then the ownership of the network virtual assets is analyzed after the definitude of their legal property.In Chapter IV, the distribution of the rights and obligations of the virtual assetsprotection are analyzed, and the torts of virtual assets are elucidated, also itscomparison with common property tort is analyzed, including its elements, types,principle of liability fixation and form of liability.