Research On The Application Of Damage Compensation Rules For Network Virtual Property Infringement

Although the Civil Code clearly stipulates that the network virtual property shall be included in the protection scope of the civil law in the General Regulations,it has no detailed regulations on the legal attributes,right ownership,and relief path of the network virtual property.The academic circles also have different views on this.To protect the rights and interests of the victims from the infringement remedy path,we must first clarify the property rights of virtual property on the Internet.Internet virtual property infringement can be applied to all liability for infringement of property rights,including compensation for damages.Although most of the current judicial practice does not support the victim's request for damage compensation,from a development perspective,in the Internet age,damage compensation in the network virtual property infringement is theoretically and practically necessary.The first part of the article starts with the meaning and characteristics of network virtual property,introduces the viewpoint of the legal attribute of network virtual property,analyzes the advantages and disadvantages of each theory,and expounds the relative rationality of the real right theory of network virtual property.And the necessity and particularity of applying damage compensation for infringement of network virtual property from the perspective of real right theory.The second part of the article expounds the current situation and problems of the application of the rules of infringement damages for network virtual property in our country.From the legislative and judicial current status of my country's network virtual property infringement damage compensation,summarize the application dilemma of my country's network virtual property infringement damage compensation rules.The third part of the article studies the application of the rules of infringement damages for online virtual property in several representative countries and regions.It can be seen that these countries and regions have made useful explorations on new things such as online virtual property.The experience and resolution of dispute resolution are worth learning from our country.The fourth part of the article is a perfect suggestion for the application of my country's network virtual property infringement damage compensation rules.Based on the aforementioned problems and focus,what is important in our country is to clarify the legal attributes of network virtual property in legislation and clarify the principle of liability for the infringement of network virtual property.Then gradually build the value evaluation system of network virtual property and perfect the compensation mechanism for mental damage.