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The Study On The Liability Fixation In Online Virtual Assert's Tort Liability

Posted on:2018-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LinFull Text:PDF
GTID:2346330542469513Subject:Civil and Commercial Law
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The courts all over China accept and hear the cases of the disputes of online virtual assert,since Chaoyang court has heard the first online virtual assert in 2003.Due to the imperfection of tort legislation,the justice doesn't reach to a standard.Through summarizing the different cases of online virtual assert,tort liability has different results in the similar cases or the case that hears in different judicial levels.The doctrine of liability fixation is the foundation that doers take their responsibilities,which not only scientifically classifies the virtual assert,s torts,but plays a key role in the component of tort liability,the grounds and the distribution of evidential burden.The particularity of online virtual assert and disputes,and the lack of protection in virtual assert all require the law making organ to perfect nowadays online doctrine of liability fixation.In order to solve the problem of the lack of protection in virtual assert resulting from the principle of liability for fault in virtual assert torts,and optimize the function of the Tort Liability Law,the two imputation criterion of liability should be set up to handle the torts of online virtual assert combining the foreign legislation and practical experience,as well as the national conditions of China.The principle of liability for fault should be used to tort liability of network user or the third party.The doctrine of persumptive should be applied in network operator's tort liability.With the two imputation criterion of liability,the shifting burden of proof can be used to allocate burden of proof in infringement disputes of virtual assert.In order to prevent the indefinite expansion of the network operators obiligation,the law making organ should make a standard in network operator's fault and other identification,and should set some grounds for network operators with the heavy burden of proof.So that it will be balanced protected in network operator's behaviors and network user's online virtual assert.At the same time,to perfect the system of online virtual assert torts,the law making organ should establish a law system of pluralistic doctrine of liability fixation,and the Supreme Court should be published the judicial interpretation of network operators torts and give some judicial decisions to the lower level of people's courts according to the its court decisions.
Keywords/Search Tags:Virtual Assert, Tort Liability, Doctrine of Liability Fixation, Burden of Proof
PDF Full Text Request
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