On The Tort Law Protection Of Virtual Property

This paper first explores the concept,types,characteristics and legal attributes of virtual property,and concludes that the concept of virtual property is a valuable resource existing in the network environment,including not only the props and equipment in online games,but also the account number and membership,but not the object of intellectual property in digital form;The types of virtual property are divided into four types: account and membership virtual property,goods virtual property,intangible virtual property and virtual collection.The scope of virtual property described in this paper exists in the network environment,and the virtual property generated by the network service contract signed between network service operators and users is account and membership virtual property Virtual property of goods;Virtual property has the characteristics of virtuality,dependence and time limit;The legal attribute of virtual property is not real right,creditor's right and intellectual property,but a new type of property right.Secondly,by analyzing the current situation of the protection system of virtual property in China,it is found that the legislation on the protection of virtual property in China is scattered and small in number,and it is a rule of principle,so it is difficult to apply it directly;In judicial practice,it is difficult to identify the subject of tort liability,lack of unified evaluation standards for value identification,and difficult to reasonably allocate the burden of proof.Therefore,this paper explores how to apply the general rules of tort liability of civil code to virtual property disputes,analyzes the types of virtual property infringement,the identification of damage results,the identification of subjective fault in infringement,and the applicable imputation principle,and concludes that the fault liability principle should be applied to users and the third party,The conclusion of applying fault presumption principle to network operators.Finally,in view of the current situation and existing problems of virtual property protection analyzed in this paper,some suggestions are put forward,including choosing to bear tort liability when contract liability and tort liability overlap in virtual property disputes,and introducing corresponding judicial interpretation to echo the legal provisions;The system of compensation for mental damage,the system of distribution of burden of proof between users and operators,and the evaluation system of virtual property value based on the evaluation of third-party evaluation institutions and assisted by other methods are provided;In addition to the above methods,the Supreme Court can also issue instructive cases for the court to try virtual property disputes.