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Study on Tort Liability of Cyberspace Virtual Property

Author: Chen
Tutor: ZhangXinMin
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Network virtual property infringement Property Rights Imputation Principles Infringement manner and constituent elements Responsibility
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 338
Quote: 1
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Abstract


21st century is the transition phase of the information age is the rapid development of computer and network has penetrated into the various aspects of human life, and began to establish their own rules, the new behavior is trying to institutionalize. How to grasp the technical characteristics of the network society and its relationship with the social reality, has become the problems to be faced in the various disciplines. Currently, the legal theory of virtual property and more concentrated in the discussion of its properties, are few and far between for the network virtual property infringement. But in the judicial practice is seen on the network virtual property infringement cases. Based on this, mainly through the five areas discussed attributes of virtual property, the manner and the constituent elements of the network virtual property infringement, network virtual property infringement Liability principle, the defenses and responsible way, to clarify the network virtual property has a material the properties should be applicable to the protection of property law. The system focuses on the network virtual property infringement made clear the network virtual property infringement imputation principle distinction should be made between the different subject to infringement applies the principle of attribution. The first part introduces the basic theoretical issues, network virtual property infringement on what is a network virtual property, as well as the characteristics of the network virtual property types. Discussion the attributes its laws applicable to the problem of network virtual property specified network virtual property should not apply to claims law and intellectual property and do not belong to the object and therefore should not be applicable intellectual property laws, its own characteristics determine the attributes of should be protected by property law. This section also clarifies the concept and characteristics of the network virtual property infringement. Finally, the main problems of the current legislation on the network virtual property infringement. The second part of the network virtual property infringement inductive and network virtual property tort liability constituent elements are analyzed. Infringement of the network virtual property is the main occupation of virtual property, damage to the network of virtual property damage on the network virtual property interests, and the risk of causing property. However, in the specific violations Unlike other property rights infringement. The constituent elements of the network virtual property tort liability should follow the four elements that violations constitute damage to the facts, causality and subjective fault. The third section discusses the principle of network virtual property infringement Liability. According to the network virtual property infringement particularity, I think, should be on a different subject to infringement applies to a different responsibility principle, which is in order to better achieve the just value of the law. For network operators and Internet service providers, network virtual property infringement should apply the principle of strict liability, as long as the network virtual property infringement, should bear tort liability, unless it can be shown that the occurrence of the damage because of the accident and the victims of their own causes . But for other network users to network operators and network service providers and network virtual property owner infringement should apply the principle of fault liability. The fourth part in the third part of the basis to discuss the network virtual property tort liability defenses: the fault of a third victim fault, the victim agreed to at his own risk, accidents, as well as network operators or network service providers to self-defense as an excuse advocate waive or reduce their own responsibility. Part V of the previous text basis, network virtual property infringement accountability. : Property damages, mental damages, the return of property and restitution choose to use to stop the infringement and to eliminate the obstruction, eliminating the danger. In addition, the provisions in the General Principles of the Civil Law of China an apology can be borne and above liability merge use.

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