| With the continuous development of Internet technology,it has a huge impact on people’s social interaction and work.On the basis of science and technology,the new network virtual property and the traditional network virtual property have different problems in the legal field,not only that,the traditional civil law theory can not fully adapt to the new network virtual property brought by the new problems.In the practice of legal protection of network virtual property,social platform account,as a new type of network virtual property,is controversial in terms of ownership and value recognition.Our country’s laws concerning the protection of network virtual property are very few,too brief and general.Although there are laws to obey when dealing with disputes over social platform account number network virtual property,the relevant provisions can not be directly applied.There is still controversy about the legal attribute and ownership of the virtual property in the social platform account number network.As a special kind of network virtual property,social platform account number network virtual property has its special attributes.It brings people a new Internet life,but also produces a lot of legal disputes,such as: Disputes arising from unclear ownership of the virtual property of the social platform account number,disputes arising from account contention due to the high economic value of the virtual property of the social platform account number,problems of value identification and evaluation of the account itself in the case of the virtual property of the social platform account number.Based on the above-mentioned problems,this paper analyzes the nature,characteristics and disputes existing in judicial practice of social platform account,a type of network virtual property,in four parts,and tries to put forward ways to solve the problems.The introduction is composed of research background,research significance,research status at home and abroad,research methods,innovation and shortcomings of the paper.The first part expounds the concept and characteristics of social platform account as network virtual property.Among them,the value characteristics of social platform account are the most essential difference from other network accounts.It is not only due to the economic value of social platform account itself,but also due to the accumulation of traffic,fans and other ways to realize the realization of social platform account.Play the huge economic benefits of social platform account,which is incomparable to other network accounts.Then,it expounds the theory of legal attribute of social platform ledger type network virtual property,including the theory of real right,creditor’s right,intellectual property,new property right,etc.After analysis,this paper tends to identify that the legal attribute of social platform ledger type network virtual property should be defined by real right.The second part,by screening and sorting out typical cases,analyzes the difficulties in the trial of the virtual property disputes of the social platform ledger type network,including the difficulty in determining the attribution standard of the virtual property of the social platform ledger type network,which is caused by the unclear positioning of the legal attribute of the virtual property of the social platform ledger type network and the difficulty in balancing the conflict of interest between the registered users and the social platform.In the aspect of the burden of proof of the virtual property of the account number network of the social platform,the unequal status between the registered users and the social platform itself leads to the unfair phenomenon in the judicial burden of proof.With the development of economy,social platform accounts,the type of network virtual property,are increasingly significant in value attributes.In judicial practice,different types of network virtual property of social platform accounts have different value recognition results,which is not only affected by the user input cost of social platform account number network virtual property,but also affected by other factors in value recognition.Therefore,it is urgent to develop a value evaluation standard to achieve the benefit balance between social platforms and users;In addition,combined with the content of the user service agreement signed between the social platform and the user,this paper analyzes the ownership of the virtual property of the account number network of the social platform and points out the restrictions on the user rights in the user service agreement.The third part makes a comparative study of the United States and South Korea in the social platform account number network virtual property protection,and summarizes the experience and enlightenment.At the legislative level,the ownership scope and legal attribute of social platform ledger number network virtual property should be clarified,the concept scope of network virtual property should be further expanded,the existing legislation system should be adjusted or a special legislation should be established to protect the social platform ledger number network virtual property,so as to protect the legitimate interests of various parties.Standardize the content of the user service agreement,and manage the content that deprives or restricts the user’s rights in the user service agreement,so as to protect the legitimate rights and interests of users and safeguard the interests of both parties;In terms of the evaluation of the virtual property value of social platform account number network,we can refer to the formulation of relevant legal rules in the United States and combine with our practice to formulate the evaluation criterion of the virtual property value of social platform account number network.The fourth part puts forward the corresponding solutions to the problems in practice.First of all,strengthen the legal protection of social platform ledger number network virtual property,clarify the nature of social platform ledger number network virtual property in the form of legislation,clarify the definition and scope of social platform ledger number network virtual property,accurately analyze its legal nature,in order to solve the existing disputes in reality;It is suggested that the National People’s Congress incorporate the Law on Protection of Network Virtual Property into the legislative planning as soon as possible through the enactment of special legislation on the network virtual property of social platform ledger number,so as to specify the current conceptual category of network virtual property,including the concept,protection scope,rights attribute,rights and obligations content of the network virtual property of social platform ledger number.Giving play to the leading role of law in the Internet market;In view of the unfair burden of proof between the social platform and the user,it is suggested to apply the inversion of the burden of proof to favor the users of the obviously weak party,balance the litigation status of both parties,and achieve the balance of interests of both parties.Secondly,it improves the rules of belonging of social platform ledger number network virtual property,and suggests that it is more appropriate to treat social platform ledger number network virtual property as real right protection.In the aspect of constructing the ownership rules of social platform ledger number network virtual property,the author thinks that it should belong to the user,not only because the social platform ledger number network virtual property is created by the user,but also because it is unfair to attribute the social platform account number network virtual property to the social platform.Thirdly,the status and responsibilities of social platforms should be clarified,and the various standard terms in the network industry should be managed to protect the legitimate rights and interests of users.Balancing the interests between the social platform and users is also conducive to the development of social platform ledger type network virtual property.Finally,in view of the problems existing in the value identification of the virtual property in the account number network of the social platform,it is suggested to establish classification standards for identification according to the characteristics of different account types,so as to form a systematic and complete value evaluation and identification mechanism.In the evaluation method of the value of the network virtual property of the account number type of social platform,we can learn from the evaluation method of the network virtual property of the United States and Japan,and combine with the actual situation of China,do not adopt a single value evaluation method,and use cost method,market method,income method and other methods to evaluate.It makes the value appraisal result of the virtual property of social platform account number network more objective and reasonable. |
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