| With the rapid expansion of information technology development and huge improvement in cyberspace, online games quickly evolved into a huge social entertainment industries, while leading surrounding industries booming, and the formation of a high-growth emerging markets and huge consumer market. However, the resulting social relations have been born free in the law, the current regulatory legislation focuses only on the order of cyberspace, and the civil rights of the two main subjects----- online game operators and players have not been through contract Law, Property Law, tort Law of the Basic Law shall direct the three civil protection, can not effectively guide the healthy and orderly development of the online gaming industry. This article seeks to objectively present situation of the online game industry, civil legal problems related to research online games, and the article is divided into three chapters:The first chapter explains the network game related civil legal issues from three aspects: contracts, property rights and infringement. In the online game service contracts, the first definition of contractual and legal status as nameless contracts, service contracts, electronic contracts, standard contract. On the basis of the rights and obligations of the two parties to sort out the online game operators and players contracts, and further revealed online game service contract provisions of the King regulation. Furthermore, virtual property in online games, to clarify the current nature of our academic virtual property related dispute, made their preliminary views, and then parse the virtual property own particularity, identify where it belongs to, virtual property protection leads to problems, be in-depth analysis of virtual property from inadequate protection and privacy infringement players both on legal issues of tort liability.The second chapter, revealing the causes of the current Chinese online game operators in the relevant civil legal problems. First, legislation on online gaming service contracts missing, mainly in the Legislation is not perfect. There are many loopholes and shortcomings, the lack of online gaming service contract provisions of the King of legal regulation. Secondly, legislative level about virtual property is not enough impact on the law applicable by integrating virtual property legislation on the status, recognizing qualitative virtual property is not clear, there are differences in theory, not be clear on the legislation. It leads to a lack of practice, a clear legal basis, nor clear the virtual online game operators security obligations of property. Finally Chinese online game is more general tort liability legislation, it is lack of specific rules designed on the basis of study of online games tort liability legislation on the status, by improving the gamer privacy protection measures.The third chapter, by the relevant civil legal issues in Chinese online game operators generate the analysis, further proposed to solve the problems related to civil legal countermeasures. In the virtual property of Civil Protection, and gradually build legal protection system of virtual property, while improving distribution of the burden of proof valuation mechanisms and litigation; passed legislation specifically online game service contract in nature in the online game service contract legal regulation. The rights and obligations of online game operator and the game between players and clear regulation of the terms of the King. The players in the legal protection of privacy, and improve privacy protection mechanism, establish a sound, workable player privacy laws preliminary ideas put forward a sound legislative basis in the online game operators tort liability. It is necessary understand our network legislation on tort liability and improve the preliminary conception. |
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