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Discussion On Legislation Of Surrogacy

Posted on:2013-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:N MaFull Text:PDF
GTID:2256330401450765Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Operators against the practice of the virtual property of the players happenedfrequently, however, for what provisions to resolve such dispute, neither the lawexpressly provided, or the lacking of theoretical basis. Thus, this paper explore thetheory of safety and security obligations, can provide a resolution mechanism toresolve disputes between operators and players in the reality at the same time, richingconnotation of safety and security obligations to a certain extent, improving the safetyand security obligations theoretical systems. Overall, the paper argues that within theexisting legal framework, using the theory of security obligations to provideprotection for virtual property. The theoretical basis to assume security obligations ofoperators of virtual property is the basis of other issues, this paper first analyzes thetheoretical basis. In this process, not only the introduction of the traditional theory ofevidence, also joined the characteristic angle of the virtual property and the need forangle analysis. Specific sense from the characteristics of the virtual property, not as asource of obligations, the operators assume the superiority of the security obligations,and other traditional theoretical point of view elaborated operator bears securityobligations in the theoretical basis and feasibility. Further understanding of the basictheory of virtual property and security obligations, we can more clearly summed upthe content of the obligation and responsibility of the operator safety and securitycommitment. Since then, the composition of responsibility, are combining the theoryof security obligations and the operators main specifically discussed the application ofthe operator’s circumstances. According to our country the provisions of the TortLiability Act, I make a detailed analysis of the two special responsibility of thecommitment of the operators in the virtual property infringement: direct responsibilityand additional responsibility."Tort Liability Act does not explicitly stipulate thesecurity obligations of the operator, which is the key to the virtual property protectionissues, therefore, with the help of evaluation of the existing legal provisions, contraryto the status of virtual property and the burden of proof issue, I make the suggestionsfor improvement, in order to make the theory better able to serve practice.
Keywords/Search Tags:operator, virtual property, protection obligations
PDF Full Text Request
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