2004 Third Quarter Passion Entrepreneurship Competition Participation In The Project

China's online game industry is developing rapidly. The 2003 China game industry report shows that the actual sales revenue of China's online game publishing market in 2003 has reached 1 billion 320 million yuan.

And the game item pactions that follow the birth of online games are also huge. According to the twenty-first Century economic report, the market value of the game items is over 1 billion (http://www.nanfangdaily.com.cn/jj/20040531/it/200405310059.asp).

Unlike traditional trading methods, the object of game item paction is specific electronic data, and the space distance between buyers and sellers makes the cost of face to face pactions so overwhelming that most traders can not afford it.

Not only in China, but in the world, online game items are new products. The whole society does not know enough about its nature. There are many legal gaps, and the related rights and interests are not very clear. This causes the risk of trading, and the cost of safeguarding their rights and interests of traders is also very high.

However, the huge demand in the market has created a professional trading intermediary website to reduce the paction costs of traders.

So far, there have been several professional trading websites with certain trading scale in China.

First, the current situation and problems of online game articles trading.

At present, the trading mode of online game items paction has been dispersed from the early BBS to publishing information and developing to professional trading websites.

That is to say, 1 years ago, traders mainly released trading information in game forums to attract other traders to trade.

Now, the paction information is classified and managed by professional trading websites to facilitate users to conclude pactions and collect fees.

There are 3 main modes of trading websites.

The 1 mode is trading website to publish item information and trader information. The two sides negotiate their own price. If a paction is concluded, the buyer will import the money into the bank account of the website. After the two sides deliver the target, the buyer will confirm the website and remit the money to the seller.

The main problem of this mode is that the seller and the buyer are self delivery, so if there is a face to face paction, there is no need to pay the fee to the website.

If it is a non face to face paction, it is necessary to identify the other party's credit degree. The paction risk of the two parties is quite large. Whether the paction is confirmed or not is entirely decided by the buyer. If the buyer does not confirm, the seller can not get the payment, and the seller's risk is very great.

Whether the delivery is made, and how the delivery results are made, the three parties who buy, sell, and the website can not produce convincing evidence.

Mode 2 has improved the mode 1. After the paction is concluded, the buyer will import the money into the bank account of the website, and the seller will deliver the object to the website, and the website will deliver the goods to the seller after the target is delivered to the buyer.

In this mode, the risks of websites are too great. As we all know, online games sometimes lose data or operators change data. If websites encounter, how do they compensate the sellers?

In addition, the seller gives the goods to the website and the buyer takes the goods from the website. No convincing evidence has yet been provided.

3, after the paction is concluded, the buyer will deliver the goods and the seller to the website separately.

After verification, the seller will give the subject matter to the website, then the website will be handed over to the website in the buyer's local cooperative Internet bar, and it will be handed to the buyer face-to-face.

After the delivery is completed, the Internet bar will deliver the money to the seller.

Under this mode, the intermediate links of pactions have increased, and the cost of trading websites has been running high.

In addition, the paction risk of buyers and sellers is low, but in fact, the risk is pferred to Internet cafes and websites.

Similarly, no one can provide enough convincing evidence for the handover between Internet cafes and websites.

So far, the buyer has given the goods to the intermediary website and the intermediary website to deliver the goods to the seller (mode 3 is the local cooperative Internet bar), because it is a remote paction, and there is no paction evidence in the process.

This leads to moral hazard in the process of paction. If someone defraud, the three parties may be cheated.

In fact, some people in China used the trading website to defraud the buyers, involving hundreds of thousands of cases, and some websites were subjected to malicious pactions due to incomplete pactions, resulting in compensation and forced to go out of business.

The security problem in the paction process can not be solved. The scale of the remote paction will be greatly suppressed, and the trading website will not be developed to a larger scale.

The current online games are basically divided into several servers, and the user data between different servers can not be pferred.

Therefore, the same server aggregates most of the players in the same area, that is to say, most of the goods on the same server are traded in the same city.

So, at present, the trading rules of users who bargain with their opponents on the website will actually make the traders in the same city do not need to carry on the handover of goods through the website at all. They will hand in hand to face to face, and at the same time, they will avoid the website charges.

The main cost of current trading website is human cost, that is, the handling of the paction process. It relies entirely on manual judgement and is low in automation.

The cost structure of this labor-intensive mode is not big when it is small. Once the scale is enlarged, it is necessary to expand the labor equally, or even increase the management, so as to achieve the scale effect.

In addition to security issues, the current trading process is rather cumbersome for users, with more complicated pactions.

First of all, users need to bargain with their opponents, which takes time and energy.

Secondly, because all websites require the buyer to remit money to the website before delivery, if the seller breaks the contract, the buyer will lose the remittance fee and time for the remittance, and the buyer can not get the seller's economic compensation for breach of contract from the trading rules.

Third, the user must collect evidence for the paction process, otherwise, if there is a problem, he can only suffer losses.

However, the contents, procedures and legal effects of forensics are difficult to determine in advance.

Conclusion: there are several difficult problems in the existing trading mode. One is that the security of the paction process is uncertain, and that the paction process is difficult to prove. The participants are unwilling to bear the burden of proof (of course, no one can design the method of proof).

The two is the high paction cost of users and the more necessary links to worry about.

Three, the website cost is high, basically is manual processing, the automation degree is low, is difficult to achieve the scale effect.

Four, there are some shortcomings in the existing trading mode of the website, for example, it is difficult to stop the traders from evading charges in the same city.

Brief introduction of solution two.

At present, most of the problems existing in online game articles trading are related. It is not difficult to solve individual problems, but the problems that affect each other are complicated. It is more difficult to find a comprehensive solution.

Fortunately, there are already better commercial solutions.

The breakthrough of the solution lies in the fact that compared with the existing trading websites, paction security has reliable guarantee, paction process brings more convenience to users, users maintain their own rights and interests are simple, and the cost of website operation is low.

1, safeguard of paction safety.

At present, no one can provide paction vouchers for the paction of game items, and this scheme can provide users with legally effective trading behavior certificates through innovative trading process design.

At the same time, through the appropriate trading rules, we should use the pre signed contract to clarify the responsibilities and responsibilities of the parties (buyers, sellers, intermediaries) and clarify the burden of proof.

The collection mechanism of the supermarket is quite perfect.

When the customer completes the checkout, the cashier uses a scanner to scan the bar code of the goods, which completely eliminates the problem of deliberate or unintentional errors.

Finally, the total amount is calculated by computer, which eliminates the possibility of artificial miscalculation (intentional or unintentional).

Then the cashier will tell the customer the total amount of the merchandise. When the customer gives the money to the cashier, the cashier will sing it and stop the dispute whether he receives the money and how much money it receives.

(otherwise, the customer said he paid the money, and the cashier said he didn't receive the money. Who could prove it?)

If you want to change the money, the cashier will sing to find out whether the customer has received and how much money he has received.

Finally, in order to eliminate the possibility of different commodity price tags and actual receipts, supermarkets will provide cash receipts.

In this way, the rights and interests of customers can be well protected by the whole process, because supermarkets can give evidence in time for all processes.

Not only the customers, but also the paction risks of supermarkets.

To some extent, this scheme draws lessons from the supermarket's collection mechanism, and analyzes all the possible possibilities in the links of each item in the online shopping paction process, and carries out a large number of attack tests, and designs a perfect paction mechanism for the whole process of timely proof.

The mechanism is characterized by no additional burden on users (compared with other trading methods), easy operation, low cost of obtaining evidence, evidence forgery, link up of evidence links, no loopholes, easy accountability of all parties' responsibilities, and evidence for court.

Just like the supermarket's collection mechanism, this method can reduce the risk of users and greatly reduce the risk of website pactions.

Note: in this section and the next section, because many specific methods or rules are classified as commercial secrets, they can not be written in too great detail, only to illustrate the ultimate effect of these methods.

2, user rights are easy.

The online games are new things. At present, there are still many controversies about the phenomenon of online games.

First, the understanding is not very clear. Two, I do not know how to deal with it.

This has caused the current legal lag in this respect, and reacts to the paction, that is, the division of the rights and rights of the parties to the dispute is not clear, and the law of the state is difficult to directly deal with many disputes in this respect.

At present, in maintaining the rights and interests of the paction process, the users have two puzzles, one is what are their rights and interests included?

That is to say, in the paction process, what is the right and what is its responsibility? If there is a breach, what is the responsibility of the defaulting party?

These are not clear enough. Different users may have great differences in understanding.

Two, what kind of procedures should be adopted to safeguard their rights and interests? What are the effects of users' need to do those things?

This is also not clear. Different users have different ways of doing things, and their effect is not much assured in advance.

In the process of trading, if the powers and responsibilities of the parties do not have certain norms, the possibility of disputes will be relatively large.

This is not good for all parties involved in the paction.

Therefore, this plan clearly defines and simplifies the conduct and responsibilities in the paction process by pre contract with the user.

This avoids the entanglements of the interests of all parties and enables the parties to accept the results of the process.

In addition, considering the lag of domestic law, another purpose of the design of user contracts is to plate and simplify the behavior which is difficult to be judged directly by the existing law, which can be judged by civil law and contract law.

According to the contract, civil law and contract law can be directly used to judge disputes between users and websites.

In China, a lot of things are one thing, and execution is another matter.

Even if a detailed system is formulated, if the strong party does not act, the weak side will be powerless at all times.

Therefore, users are also very clear, to protect their rights and interests, operability is the key.

Therefore, the scheme will set the mechanism of "loss of omission greater than loss" in the rules to solve the problem of omission completely.

In terms of system design, the following measures are adopted in the scheme: first, the first is the website self-discipline.

This is easy for users to see, and of course, the website will also have documents to explain to users one by one.

For example, the website provides evidence system, and the website takes the initiative to bear the burden of proof.

The periodic announcement system is used to publicize the steps of possible black box operation.

The website assumes the liability clause and the website compensation clause, because the reason of the website causes user loss, and the appropriate compensation will attract new user pactions.

Second, formulate procedures for dealing with problems.

Actions that affect user pactions, such as paction process, dispute resolution and rules modification, will be developed in advance.

For example, if the website wants to change anything, it should first publicized, give users a few days to familiarise themselves with it, and absorb some modifications, and then come into effect after a few days.

In every step of the paction, how can the website provide credentials to users? If the user has not received, how to complain; how can the website use the announcement method to remedy and keep the certificate.

This will enable users to know how to deal with problems. Secondly, users will be more likely to agree with website behavior. Three, they can also prevent websites from malicious attacks.

Third, to protect the public's right to supervise.

This requires a high degree of pparency in the entire paction process. First, the website will issue a large number of paction information to ensure fair trading.