| Virtual personality refers to a class of specific objects that are endowed with human emotions and personality benefits on the basis of objects and are restricted by the virtual form.Through the special form of electronic data as a carrier,it exists in the virtual space and is closely connected with the personality of the person,closely related to the life of the person.When the object is damaged or lost,it brings mental pain that cannot be compensated for by the substitute.And the special meaning of things cannot be replaced.Based on the particularity of virtual personality,it is not only susceptible to infringement in reality.When permanent damage and loss will also bring serious mental damage to natural persons who are endowed with their personality interests,the system of compensation for spiritual damage infringing on virtual personality needs to be improved.This article summarizes the issues that need to be studied in the form of analysis cases,focuses on the issue of compensation for mental damage to virtual personalities,introduces the definition and characteristics of virtual personalities,and summarizes the violation of the spirit of virtual personalities on the basis of liability for damages to virtual personalities The requirements for the establishment of liability for damages and the principle of liability for the compensation of damage to virtual personalities and mental damages,and finally the standard of compensation for damages to virtual personalities.This article starts with the classic case of virtual online game equipment infringement and leads to emerging products such as virtual personalities.It is mainly divided into six parts to discuss the issue of spiritual damage compensation for infringement of virtual personalities,hoping to make up for the gap in theoretical research.The first part is to raise the question.Virtual personality with personal interests is becoming more and more important in life.The compensation for spiritual damage to virtual personality is a very necessary issue in the development of the times.The second part analyzes the classic cases involving virtual personalities,and leads to the following related issues based on the relevant content of the case.The third part analyzes the specific connotation,characteristics and legal attributes of virtual personalities.Virtual personalities are specific objects with personality benefits,virtuality,irreplaceability,and proprietary ownership.The fourth part analyzes that the key to the establishment of liability for damage to virtual personalities and mental damages is that the infringed objects are virtual personalities,and analyzes the aggravating behavior and damage consequences of the establishment of liability for damages to virtual personalities.The fifth part analyzes the subjective fault elements in the establishment of the liability for damage to virtual personality and moral damage according to the tort liability principle,and analyzes the related issues that are more appropriate to apply the principle of fault presumption.The sixth part is based on the existing research and stipulated principles of mental damage compensation,to analyze and determine the standards that need to refer to the amount of mental damage compensation for infringement of virtual personality. |
