The Burden Proof Of Internet Virtual Property

Nowadays,with the rapid development of the Internet,the information industry has played an increasingly vital role in our lives.Network virtual property,the derivative of internet,has also emerged rapidly,and the online game currency is the most common one.While the network virtual property has an impact on our consumption patterns and concepts,the disputes and crimes caused by it have improved year by year.In China,there is no clear regulation on the burden proof of network virtual property dispute.As a result,different judges have different methods of assigning burden of proof to specific cases in judicial practice,which leads to different judgments in the same case.The phenomenon.The "General Principles of the Civil Law of the People's Republic of China" for the first time included the network virtual property into the scope of civil rights,which triggered a research boom in the academic community on network virtual property disputes and related issues.Despite this,most of the hot spots of discussion and discussion in the academic circles revolve around the typical issues of "the legal nature of network virtual property" and "the type of disputes of network virtual property",and there are fewer issues concerning the allocation of burden of proof in network virtual property disputes.The problems that have arrived have not been systematically sorted out and resolved.In view of this,this paper discusses the burden of proof system for network virtual property disputes,hoping to make a small contribution to this type of dispute resolution.This article is divided into four parts.The first part introduces network virtual property dispute and its basic theory of burden proof,including the meaning,characteristics and type of network virtual property.Also,the writer expounds her own viewpoints on a hot issue that is the legal attribute of network virtual property.This thesis also focuses on the analysis and reference to the cases of network virtual property dispute.Thus this part belongs to the theoretical foundation in this paper.The second part is about the distribution of the burden proof and its disadvantages in China's online virtual property disputes.Due to the particularity of online virtual property disputes and there is no clear and unified regulation on the allocation of burden proof in such disputes in the legislation,different judges have diverse ways to the allocation of burden proof in a same type of cases in practice.From the perspectives of legislation and justice,this part discusses the current legislative and judicial situation of the distribution of the burden proof on the issue of online virtual property disputes in China.The inappropriateness of the situation is also analyzed in this part.The third part is the legislation and practical experience of the burden proof distribution in overseas network virtual property disputes and its reference.This part shows the legal regulations of the United States,South Korea,Japan and Taiwan region on the network virtual property.On this basis,it combines the local theoretical theories and the burden proof distribution system,such as the " distance of evidence principle" of the United States and the " burden proof conversion rule" of Taiwan region,and then extracts the experience and reference that is beneficial to the settlement of disputes over network virtual property in our country.The fourth part is the suggestions to improve the burden proof distribution system in China's internet virtual property disputes.The principles that should be considered in perfecting the distribution system of burden of proof in online virtual property disputes in our country include:the principle of fairness,the principle of distance of evidence,the principle of litigation economy and the principle of dangerous areas.Under the guidance of these principles,the resolution path of such disputes can be refined,and specific and unified legal provisions can be made on the distribution of the burden proof in internet virtual property disputes through legislation,judicial interpretation or the promulgation of the guidance cases of the Supreme People's Court to explore the most suitable solution path for China's national conditions and the development of online game industry.