3.2.3 Investigation on spiritual damages concerning loss of virtual property
In the case Li Hong Cheng v. Polaris Science & Technology Co, Ltd, the
Beijing Chao Yang District Court is not in favor of the appeal for
spiritual damages claimed by the plaintiff for the loss of virtual
property of network games. The provision regulated in Civil Law has
proclaimed the attitude of Chinese authorities towards the spiritual
damages concerning loss of virtual property of network games, which
cannot expand at discretion. Spiritual damages should be based on
specific senses or a monumental value, which means that the materials
which are applicable to mental compensation must have independent
characters and are unable to be replaced. However, just as currency of
money, virtual property is without distinction regardless of who the
consumer player is. In the second place, infringement on virtual
property of network games does not do harm to human beings' integrity.
The law prescribes that a damage report without interests in
personality cannot claim for damages for pain and suffering.
Meanwhile, mental compensation will lead to a series of problems in
practice. It is hard to definie the commission of mental damages
concerning virtual property of network games. There are various
behaviors that can lead to mental anguish such as intentional
interference with property, an accidental defamatory statement, and
the like. However, not all the mental anguish is equal to mental
damage. The forms of mental damage are diverse so it is hard to
determine which one to compensate. The judge has no choice but to
adjudge on the basis of the extent of spiritual damage and the detail
of case.
In brief, the writer holds the opinion that the mental damage should
not apply to the loss of virtual property of network games. Playing
network games is like a double edged sword, it is normal in practice
to come to a dispute when the consumer players entertain themselves
through network games. The loss of virtual property of network games
will for sure bring unhappiness to the victims; whereas this
"unhappiness" can be solved through standardizing the statues in
regard to the safety of virtual property.
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