On Tort Liability Of Network Game Operators In Network Virtual Property Protection

The theory and practice pay more and more attention to the research of the virtual property,such as account,game equipment and so on.At present,the academic theories and legislation of Korea,Japan and the United States all explicitly recognize that the network virtual property has the property attribute,and it is also a kind of property,which should be protected from the legislative and judicial levels.This has become a trend,in our country,the first time to protect the network virtual property at the legislative level is stipulated in Article 127 of the general provisions of the Civil Law,which is placed in the chapter of civil rights,although the general provisions of the Civil Law does not specify the network virtual property as the object of real right,from the logical structure of the general provisions of the Civil Law,it can be seen that the legislator affirms that the network virtual property is the object of real right,the recognition network virtual property is the virtual object of the Internet,which has the ownership characteristic of the object.As a new property attribute,the absence of the remedy path provided by the Tort Liability Law of China is not conducive to the protection of the network virtual property to the maximum extent,whether it is the illegality of the act or the particularity of the damage result,article 36 of the Tort Liability law is based on the summary of the relevant administrative regulations and the practical experience of judicial interpretation,according to the different types of liability,network tort can be divided into two categories: one is the liability of network users and network service providers themselves,the other is to assume joint and several liability with network users.First of all,this paper sorts out the legal attributes of network virtual property,affirms that network property is an object of real right,and sums up the types and characteristics of disputes over network virtual property,then it discusses the duty of Network Game operators to ensure the safety of network virtual property,comprehensively reviews the legislation and judicature of the main countries,and points out the lack of protection of network virtual property in our country's current law,and discusses how to improve the network game operators should bear the tort liability.