Research On Virtual Property Protection Of Online Gaming Users

Along with the continuous improvement of our country residents’ material living standards and the rapid development of the digital products,online games have the broad market in our country,and the virtual property dispute comes with the growth into geometry number trend.It produces virtual property disputes related issues such as personal information leakage,gaming environment damage,data change by the operators,etc.Firstly,it introduces the basic concept of the online games and virtual property in online games.By clarifying the characteristics of the online games and the types and legal nature of the virtual property in the online games,it considers that the relationship between the online game users and the operators is a contractual service,which clarifies the research object category.Secondly,it presents the status of the legal protection for the online game virtual property in our country from the legislative level and judicial level,as well as the actual problem in the online game virtual property protection and the practical difficulties,highlighting the main problems in the judicial practice of online game virtual property protection,especially regarding the outstanding issue in the court of jurisdiction and evidence problems.By referring to the lessons from the relevant legislative experience of developed countries and regions,it reveals the weak position of the game users.It further discusses the responsibility that the operators should bear in the dispute of virtual property in the online games,and analyzes the behaviors of the online game operators from two aspects of liability for breach of contract and liability for tort according to different ways of assuming civil liability,with specific cases such as Tencent’s "Overbearing Clause" agreement and "Zhang Ge v.Red Police War" as the entry point.Finally,it defines the legal protection mechanisms of the online game virtual property in our country.With a judicial interpretation of legislation mode,through the three parties including the online game operators,the online game users and the regulators together,from multiple points of the industry standard,the court limited scope and its enforcement tools,referring to the mature experience of the developed countries,focusing on the virtual property protection of the online game users,it raises the action to standardize the online game operators’ behavior,strengthen and perfect the relevant laws and regulations and so on in order to better safeguard the rights and interests of the online game users.