Font Size: a A A

On The Distribution Of Burden Of Proof In Tort Litigation Of Virtual Property

Posted on:2013-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:H GuoFull Text:PDF
GTID:2246330395988575Subject:The civil procedural law
Abstract/Summary:PDF Full Text Request
Along with our country the development of the network technology,the information of speed accelerate, people’s material life, culture,the field has undergone tremendous changes. Through the Internet,people to break the boundaries of time and space, in the virtual worldcan carry on the exchange of information. The rapid development ofthe network technology to people’s lives has brought greatconvenience, but also to the modern legal system has brought the hugechallenge. The emergence of the Internet and caused by thedevelopment of a series of different from the traditional form ofthe relationship between rights and obligations, also brought thenetwork tort behavior, especially with the rapid development ofonline games, game player in the network game spending a lot of time,effort and money generated virtual property more and more theattention, virtual property infringement cases emerge in an endlessstream. But because the law has lagged behind, the new range ofinterests, rights protection mode lack of corresponding standardbasis, China’s Internet domain law lags behind the development ofthe network game industry, it is not on the network virtual property protection legislation, in practice the litigation proof thequestion of responsibility also has fuzzy region around the court,virtual property infringement disputes the admissibility of the casedecision results vary, the parties of the distribution of burden ofproof in principle also has the very big difference.This paper uses the empirical analysis and comparative method,in the analysis of virtual property infringement lawsuit proofresponsibility distribution theory and operation on the basis of thecurrent situation, put forward to reform and perfect this system inour country some ideas. The full text is divided into four chapters.The first chapter of virtual property and virtual propertydisputes litigation, from the concept of virtual property andattribute sets out, elaborated the virtual property disputes and thetype of virtual property infringement litigation particularity.The second chapter of virtual property infringement lawsuitproof responsibility distribution rules of burden of proof of concept,from the start, combined with the virtual property infringementlitigation particularity, describes the influence of thedistribution of burden of proof of various elements and the types of distribution of burden of proof in tort cases involving severaltheories, including the theory of classification of legalrequirements, the danger field and interests measure theory, pointsout the virtual property infringement on distribution of burden ofproof should be varied according to the facts to be provedrespectively follow who advocate who presented evidence, burden ofproof and the principle of fairness in the former, the accused partiesdistribution of burden of proof.The third chapter of the virtual property infringement in somepractical problems, this chapter combines case, detailed analysisof the virtual property infringement litigation involving the factsto be proved separately by who bear the burden of proof. Due to thevirtual property infringement litigation particularity, game playerand operator s ability to vary greatly, game player in a vulnerableposition, so the game player to assume certain matters of proofintroduced does not bear the burden of proof of the parties to thecase and explore clarify duty of proof of concept, that should bethe fault and the causal relationship between the distribution ofburden of proof to the operator assumes, in which cannot provide or without justification, refused to provide evidence as did notcomplete the burden of proof, undertake to its adverse legalconsequencesThe fourth chapter development and improvement of virtualproperty infringement lawsuit proof responsibility distributionsystem thoughts. China currently has no about the virtual propertyinfringement of the law, so in the judicial practice, there cannotcan depend on, the results are different. In order to improve thevirtual property infringement lawsuit proof responsibilitydistribution system, should from the legislative, judicial twoaspects, improve relevant laws and judicial interpretations, toenhance the academic accomplishment.In the conclusion of the main contents of the dissertation aresummarized, once again made clear about the virtual propertyinfringement lawsuit proof responsibility distribution system ’smain idea.
Keywords/Search Tags:Virtual Property, Tort Litigation, The distribution ofburden of proofInverted burden of proof
PDF Full Text Request
Related items