论网络游戏运营商对虚拟财产的安全保障义务-民商法专业论文.docxVIP

II II Abstract Operators against the practice of the virtual property of the players happened frequently, however, for what provisions to resolve such dispute, neither the law expressly provided, or the lacking of theoretical basis. Thus, this paper explore the theory of safety and security obligations, can provide a resolution mechanism to resolve disputes between operators and players in the reality at the same time, riching connotation of safety and security obligations to a certain extent, improving the safety and security obligations theoretical systems. Overall, the paper argues that within the existing legal framework, using the theory of security obligations to provide protection for virtual property. The theoretical basis to assume security obligations of operators of virtual property is the basis of other issues, this paper first analyzes the theoretical basis. In this process, not only the introduction of the traditional theory of evidence, also joined the characteristic angle of the virtual property and the need for angle analysis. Specific sense from the characteristics of the virtual property, not as a source of obligations, the operators assume the superiority of the security obligations, and other traditional theoretical point of view elaborated operator bears security obligations in the theoretical basis and feasibility. Further understanding of the basic theory of virtual property and security obligations, we can more clearly summed up the content of the obligation and responsibility of the operator safety and security commitment. Since then, the composition of responsibility, are combining the theory of security obligations and the operators main specifically discussed the application of the operators circumstances. According to our country the provisions of the Tort Liability Act, I make a detailed analysis of the two special responsibility of the commitment of the operators in the virtual property infringement: direct responsibility and addition