Research On The Burden Of Burden Of Proof Of Network Virtual Property Infringement Disputes

With the rapid development of economy and technology,the Internet industry has gradually become the mainstay of the modern economy,affecting and changing people's lifestyles.As a product of the development of the Internet industry,network virtual property has valuable characteristics.It gradually enters people's real environment from virtual space,and it is increasingly valued by people.The number of cases of infringement disputes caused by it are increasing.Due to the rapid development of the Internet industry in China,the legal norms in the Internet field cannot keep pace with its rapid development.Therefore,the current law does not have specific legislative provisions and uniformly applicable rules of burden of proof to resolve online virtual property infringement disputes.As a result,in judicial practice,the application of the traditional rules of burden of proof is easy to ignore the subject of the network virtual property infringement litigation in the litigation process,such as the wrong litigation capacity,etc.,can not fully protect the network virtual property,resulting in inconsistent judicial decisions.Therefore,the author has sorted out the relevant provisions in the current legislative level on online virtual property infringement disputes,and at the same time researched the literature and case analysis to conduct a typed analysis of virtual property infringement disputes,and analyzed the issue of the burden of proof of different types of infringement disputes in judicial practice The differences and the impact on the distribution of proofs are put forward.Several suggestions are made to improve the distribution of burden of proof in online virtual property infringement disputes in China.The first chapter of this article reveals the status and problems of the burden of proof burden distribution of network virtual property infringement disputes.Combing the current legal and judicial interpretations of the burden of proof of network virtual property infringement disputes,and then expounding the judicial status of distributionof burden of proof of network virtual property infringement disputes,through group cases and typical cases analysis through the cases collected on the Judgment Document Network,so that Problems in the distribution of burden of proof of online virtual property infringement disputes.The second chapter mainly expounds the reasons for the above problems in the distribution of burden of proof of network virtual property infringement disputes,and discusses them from two aspects: the particularity of network virtual property infringement disputes and the subject's diversification.Chapter 3 clarifies the relevant theories of the distribution of burden of proof and analyzes its applicable rules in the case of network virtual property infringement disputes,and presents the current views and plans held by the academic community on the distribution of burden of proof of network virtual property infringement disputes.To clarify your point of view.Finally,it puts forward suggestions to improve the distribution of burden of proof of infringement disputes on online virtual property,establishes diversified attribution principles,and refines infringement disputes of online virtual property.For special types of disputes,the rules of inversion of allocation of burden of proof should be applied,and virtual property infringement should be clearly specified The specific content of the burden of proof of the dispute,and it is suggested to use the blockchain technology to store electronic data,thereby protecting the interests of all parties and facilitating the realization of the principle of fairness.