The Study On The Tort Liability Law's Protection Of Vitual Property

With the development of Internet, Virtual Internet Economy has become an important driven force to invigorate national economic development. The overall sales revenue of Chinese Internet online game market has broken through hundred billions in 2014, so Virtual Property Trade became a significant part of Virtual Internet Economy. From 2003 when the first case of Virtual Property took place till now, there emerge a large number of Virtual Property disputes in judicial practice. Due to the lack of definite regulations, the cases in the same situation were given different judges. It not only prejudices the legitimate interests of the parties, but also threatens the authority of the law. Therefore, it is necessary to take those dispute cases in judicial practice into consideration, so that some more comprehensive ways to protect Virtual Property can be put forward and improved on the basis of existing law.Virtual Property is of the characteristics of virtuality, time limit, exclusion. Virtual Property is of utility, scarcity and controllability, therefore, it is affirmed that Virtual Property does processes these characters of property. Moreover, Virtual Property is of the character of real right. In cases of judicial practice, two ways of Civil Law to protect Virtual Property are adopted at present, including contract law and tort liability law. and the protective way under the guidance of tort liability law is deemed as the most suitable one. As far as doctrine of liability fixation concerned, fault liability should be adopted to the act of tort of Virtual Property, accordingly, the ordinary fault should be applied when Internet consumer infringes Virtual Property, while fault deduction responsibility should be considered when game operator infringers it. Virtual property is applicable to constitutive requirements of tort liability on the basis of the characteristics of virtual property. The system of tort law to protect virtual property needs to improve the terms of the Internet, rules of evidence, mental damages and valuation, and other related systems.