Solution to Network Anchor Account Disputes:Theoretical Basis and Pathway of Judgment
The network anchor account,as a novel productive force in the booming era of Internet economy,has an endless stream of related judicial disputes,however,China has not yet formed a dedicated civil legal system to clarify its nature and ownership.As traditional theories under the"property-debt dichotomy"system fail to properly resolve the disputes arising from network an-chor accounts,it is imperative to revisit and strive to solve the dilemma.To bridge the legislative gaps and respect the existing civil rights system,we should adopt"multiple rights theory"and"relationship paradigm theory"as the theoretical basis to realize the"transcendence"of the research scope and perspective.Given the highly personalized nature of network anchor accounts,they should not be limited in advance,but should be regarded as multiple rights objects such as real rights,creditor's rights and per-sonality rights from an inclusive perspective.The"right to use and income"of network anchor accounts should be the real focus of disputes,and the ownership of their rights should primarily be determined by the agreement between the parties within the legal limits.Where necessary,fairness and efficiency should serve as the foundation to ensure substantive justice in judicial proceedings.
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