Research On The Burden Of Proof Of Disputes Between Users And Operators In Network Virtual Property

Although network virtual property has been in existence for decades,it is still a lot of controversy because of its uniqueness compared with traditional property.This paper sorts out and analyzes the main forms of network virtual property and the main types of disputes in civil cases involving network virtual property disputes.Based on this,it is pointed out that the disputes between network users and operators are the absolute majority of dispute types in the current network virtual property disputes,and this type of dispute has its unique characteristics.At the same time,by analyzing the cases of disputes between specific network users and operators,it is found that civil disputes over network virtual property,especially among disputes between the majority of network users and operators,the current system of burden of proof has been not fully adapted to this type of dispute.This incompatibility focuses on the three aspects of the unreasonable distribution rules of the burden of proof between the user and the operator,the value of the virtual property involved in the case is difficult to prove,and the user is difficult to properly obtain evidence.In view of the main problems in the current disputes between network users and operators,the article analyzes by introducing the theory of benefit measurement.After clarifying that the focus of protection should be on the network user side,it puts forward its own opinions on these three types of issues.Improve suggestions.In the distribution rules of burden of proof between network users and operators,the inversion of burden of proof should be established.At the same time,attention should be paid to avoid the "one-size-fits-all" use of the burden of proof inversion and the introduction of relevant operable judicial interpretations.Guide specific judicial decisions in the way the Supreme Court writes guidance cases.At the same time,in order to improve the problem that it is difficult to prove the value of virtual property,specific laws and regulations should be introduced to clarify the subject of value evaluation and build a corresponding supporting system.In addition,for the issue of evidence collection and proof of network users,we should accelerate the construction of electronic notarization and strengthen cooperation with third-party blockchain evidence deposit platforms.