An Empirical Study On Virtual Property Problems Of Online Games

This article is based on the research of civil dispute cases of online game virtual property.It aims to analyze the existence of a large number of civil legal issues in practice and explore how to protect the civil rights of online game users' virtual property.The full text is divided into three parts.The first part first analyzes 30 cases.The first section provides abrief description of the case review,summarizes the focus of the dispute,and introduces local courts' opinions on the dispute.The second section analyzes the types of infringement in the case.The first is the operator's analysis of the user's infringement,followed by the third person's analysis of the user's infringement.This article mainly discusses the carrier's infringement of users.The second part analyzes the problems in the case.Firstly,the format clause is obviously unfair.The problem with the format clause is firstly the "low level of desirability" and secondly,"the lack of balance".This is mainly reflected in the format clause prescribing jurisdictional courts,format clauses,reading time restrictions,and format clauses that give operators Three aspects of the agreement are modified at any time.This section begins with the discussion of the relationship between "freedom of contract" and "contractual justice".Under the limited agreement,the format clause should pay more attention to the fairness of the clause.The clause of unfairness should be invalid.Conclusion;Second,it is difficult to determine the type of dispute.When the tort liability and the liability for breach of contract compete,the liability for breach of contract is usually more advantageous than the infringement liability in the liability principle and the burden of proof.However,in the online game virtual property dispute,the user agreement In itself,there is a problem of "low desirability" and "insufficient balance".It is inevitable that contractual disputes will result in unfair results.This section analyzes the pros and cons of both sides from the standpoint of both parties,and combines the characteristics of online game virtual property and the status quo of legislation,and obtains the current environment.It is considered that the infringement dispute is more conducive to the protection of the user's virtual property.Third,whether the virtual characters should be protected by the right-of-flavor system,whether the virtual characters have reputation rights,or whether the reputation of the virtual characters is impaired can be argued for spiritual damage compensation.It has long been argued that virtual characters should not be protected by the right-of-flavor system The reason is that the existing law holds that having legal personality is a precondition for enjoying the right of reputation,while the virtual character does not have legal personality.In this regard,this section discusses from the following aspects:There is mostly a one-to-one correspondence between the virtual subject and the real subject,and the virtual subject is only a reality.The projection of the subject in the online world;the virtual person has no independent will,all of his behaviors are derived from the will of the actual subject,the evaluation of the virtual subject is often equivalent to the evaluation of the actual subject;at the same time,under the premise that the social evaluation is reduced,Spiritual pain and property loss have also been identified as the object of remedy by the system of reputation[Wang Liming:"Research on Personal Rights Law",Renmin University of China Press,2005 edition,p.534.],A large number of cases show that the impaired reputation of game characters will directly cause actual mental damage and property loss.In summary,the conclusion that the virtual character should be protected by the right-of-fame system.The third part is about the protection of civil rights of online game virtual property.For the problems reflected in the second part,this section sets out from three aspects:the construction of online game virtual property protection laws and regulations,the improvement of the terms and conditions of user agreement formats,and the publication of unified trial standards for guiding cases.It is proposed that the virtual game property of online games be incorporated into the scope of legal regulation.To protect the legal rights of game users' virtual property.