Tort Liability Of Cyberspace Virtual Property

Currently online game virtual property infringement cases in China is increasing, but the law is not perfect, and inadequate protection of virtual property in network games, this paper discusses the subject of tort of virtual property in network games violate others’legal issues shall bear tort liability. This article from the online game virtual property tort theory, tort liability of type, the tort liability of, and described the relevant aspects of the current legislation in China, and further recommendations for legislation, to protect the citizen’s legal property rights.This paper first discusses the network virtual property belonging to the category property, and further analysis of its belonging to the property law, which should be protected. Therefore, network virtual property as a valid property should be governed by the law on tort liability protection, others in violation of the network virtual property shall bear tort liability. Such a tort in subject, object, special relief on the way there, different torts subject has a corresponding violation. On issues of doctrine of liability fixation in tort, tort liability of the third party should apply the principle of no-fault liability, tort liability of the operator should apply the principle of presumption of fault. On this basis, this paper discussed in the third person and online gaming operators constitute infringement both’different types of tort liability. When operator fault as "intentional", the operator shall bear joint and several liability and third party; when carriers just breached security obligations, the subjective "fault", the third man and operators should bear responsibility. On the question of liability of infringement, and restitution of property restitution in kind should occupy a special place in the way, when the compensation for infringed, priority should be the way for the return of property and restitution, using again the above cannot apply in two ways of compensation for losses. Finally, the paper discusses the current status of the legislation relating to virtual property in network games, and noted that the existence of imperfections, including legal documents more effective, the law ignores the network virtual property particulars, provided with a delay and other issues. On this basis, this article gives the perfect online game virtual property tort liability legislation, first of all should be by way of judicial interpretation of the legal protection of network virtual property is included in the range, and specifying the liability principle of tort liability, assume such content and, secondly, the State should establish criteria for evaluating the value of virtual property in network games.