| Account-type network virtual property is a kind of network virtual property.It is a user who registers an account on the network platform based on personal information.The wooden body of the account and the property rights and interests added to the account constitute account-type network virtual property.This paper takes a typical case of network account infringement dispute as an analysis sample to discuss the right ownership and tort liability of account type network virtual property.First of all,this paper concludes two focal points of dispute by summarizing typical cases,one is the ownership of the network account itself and the property rights of the account add-on type,the other is the identification of the tort liability of the network virtual property of the account type.Before discussing the ownership of account type network virtual property,the basic nature of account type network virtual property must be clarified.A few days ago,in the theoretical circle about the legal attributes of network virtual property,this paper on the basis of the analysis of each theory,combined with their own understanding of the account number type of network virtual property legal attributes to be analyzed.Secondly,after clarifying its legal attributes,the right ownership of account number network virtual property is identified.Account type network virtual property is a compound property,which is divided into the value of the account itself and the additional rights and interests generated in the use of the account.The above discussion of account type network virtual property belongs to the category of real right,which is divided into ownership and use right.Therefore,this paper identifies the ownership and use right of the account itself and the attached property rights and interests respectively,that is,the ownership and use right of the account itself and the ownership of the property rights and interests added to the account.Finally,this paper discusses the liability of account number network virtual property infringement.Because the account type network virtual property tort is different from the traditional property tort,the special attributes of account type network virtual property are considered in the identification of tort liability.In the aspect of applying the liability principle,the fault liability principle is applied in combination with the degree of the tort doer’s responsibility and obligation.In terms of burden of proof,the network operator and the third party are subject to different rules of proof according to the degree of the infringer’s mastery of the network virtual property.Then the paper discusses the types and forms of liability of virtual property infringement in account number network. |
