Allocation Of Responsibilities Proof Of Virtual Property Infringement

With the development of economy and science and technology, information industry has become China's economic mainstream industry. With the rapid rise of the Internet economy, online games have emerged. In just a few years, online games has swept the world, especially favored by the majority of young people. According to China Internet Network Information Center report shows that as of December 2014, the number of game users has reached 300 million people, 58.1 percent of the total number of Internet users. Admittedly, the Chinese online game industry to promote economic growth, but it also brings many new disputes. In practice, most of the gamers willing to spend lots of money, and even sacrifice their rest time virtual property was often missing. This game will not only cause damage to property users, but also bring them a lot of mental pain. In the case of a general increase in awareness of rights, most users will choose the game in a manner to suit their own relief for losses suffered. But the reality is that China is not a complete set of laws to regulate such behavior. Therefore, in practice a lot of virtual property infringement disputes die a natural death, which is no doubt a good development of the gaming industry's potential problems. Although some court or virtual property infringement disputes made processed, but the results are quite different in different regions, largely owing to local court rules on the burden of proof applies different result. Therefore, this article is intended by discussing the allocation of responsibilities to prove such infringement cases, and hope to practice this type of case processing Mianbozhili.This paper includes four parts.The first part is an overview of virtual property infringement. The main concept is to make virtual property as well as property to define, and then elaborate on the types of virtual property infringement, as defined herein, and then explore the types of disputes. This part is the premise and basis of the full text.The second part is to demonstrate this type of dispute the burden of proof applicable rules from the theory. The first part of the concept of burden of proof from the start, through the analysis of the general principles of proof under civil law and common law distribution of responsibilities, combined with the current Civil Procedure Law of newly issued judicial interpretation of the burden of proof provisions applicable to our current results the general standard of proof allocation of responsibilities. Finally, discusses the particularity of virtual property infringement disputes, set forth in the virtual property infringement disputes affecting the burden of proof on many factors, and then come to such disputes applies prove the rule of specialty responsibility inverted, and the use of foreign "dangerous field says " evidence of the reasonableness of the applicable burden of proof particularity rules.The third part is to discuss the main virtual property infringement from practice in specific allocation issues between the parties. The part of the appropriate combination of case, a detailed analysis of game users and network operators to prove their responsibilities undertaken. Since the players in a weak position in terms of the burden of proof, so relatively speaking, players assume the responsibility generally initial burden of proof, but by operators to bear the burden of proof of fault and causation.The fourth part is the recommended allocation rules of responsibility for our virtual property infringement prove. The current terms, China has not yet introduced legislation on this type of disputes, the court felt that the country no laws in adjudicating such cases. Thus, the author of the legislation as a starting point, attempting to prescribe liability principle such disputes in the relevant substantive law, the burden of proof, etc., complemented by judicial interpretation of continuous improvement, hoping to practice in such disputes help.