On Tort Law Protection Of Network Virtual Property

The rapid development of computer application technology brings us to enter the information era.The internet has become popular which gradually changes our life style and has played an important character in a growing number of users especially in the young generation’s daily life.Virtual property has become a very important part in people’s lives,and has also exerted the extensive influence on the theory and practice.According to the Chinese Internet Network Information Center report released on February 2015,Chinese netizens reached 649 million.At present,China has become the world’s first network power.Network virtual property legal rights and interests are closely related to each network user.In recent years,the number of infringement cases involving the network property grows day by day,but the laws and regulations which protect it are in a woeful shortage.What’s worse is the lack of protection mechanisms in practice.So users who are offended cannot receive appropriate remedy,which seriously affecting users’ property rights and network security.The protection and research of the network virtual property rights has been a great urgency.This thesis is aimed to explore the characteristic of network virtual property infringement.The thesis starts with the analysis of the concept of network virtual property,characteristics,origin and its legal attribute theory.The emphasis includes characteristics,forms,imputation principle and the present situation and the existing problems of the tort law protection in China.Meanwhile,it has proposed the suggestions for the improvement of the tort law protection on network virtual property by using the experience of other countries and regions.The whole thesis is divided into five parts.The first part mainly introduces the related basic theory problems of network virtual property infringement.In this part,first of all,the writer obtains the connotation of the network virtual property through combining the viewpoints analysis of the fellow scholars;then it demonstrates the concept and characteristics of network virtual property and introduces the origin and development of network virtual property protection.The second part discusses the network virtual property infringement,including the legal attribute of network virtual property rights,the definition of network virtual property infringement and the tort imputation principle of network virtual property.The third part puts forward the current situation of the infringement of network virtual property protection in China and its existing problems.There is some protection in China,but which still is insufficient.Problems existing in the protection of network virtual property mainly include:the absence of tort law protection on the basis of network virtual property,the lack of clear standards on the value of network virtual property,the undefined burden of proof,insufficient rights relief and the absence of self-discipline mechanism of the tort law to protect virtual property,The fourth part introduces the legislation practice of United States,South Korea and China Taiwan region and analyzes the present situation of legislation on network virtual property infringement in our country.Based on this comparison,we obtain the ways to protect the network virtual property torts law in China.The fifth part mainly discusses how to protect the network virtual property of tort law,and puts forward some countermeasures for protection of network virtual property in our country.According to our current situation and drawing lessons from other country,the writer considers that the efficient measures are as following:perfecting legislation of tort law to protect virtual property,setting clear standards of network virtual property value,establishing the self-discipline mechanism of the tort law to protect virtual property,clearing network virtual property infringement responsibility and improving the network virtual property infringement relief system.