Research On The Inheritance Of Virtual Property

With the rapid development of Internet, the cases that infringing virtual property of network are increasing, and the traditional law has not apply directly to the network so far, so the court is facing an embarrassing situation that no laws can depend on these cases. Although virtual property has many own characteristics, such as virtual and spatial dependence, but it has property attribute and completely accords with the characteristics of objects, so it can still get the protection of the law. On the other hand, due to the lag in legislation,making scholars make controversial the attribute of rights of virtual property, and thus making the inheritance disputes of virtual property can not be resolved. I believe that making the virtual property into the scope of inheritance by legislation is an urgent need, which allow virtual property protected by the law of inheritance, in order to better guarantee the legal rights of the parties.The article is divided into four parts: This article is mainly focus on the attribute of rights of virtual property and further explore the inheritance of virtual property, at last footing on the Legislation of virtual inheritance.Part I: Introduction. Mainly introduces the background, significance of the topic, research situation of domestic and international, as well as methods and innovations of this paper. To study on the basis of existing theory an further analysis my view of virtual property inheritance. Part II: Analysis of virtual property. Introduces the concept and characteristics of virtual property. This chapter outset of this paper to determine the research center for virtual property in the broad sense, on the basis of which analyzing the academic ideas about the attribute of rights of virtual property, the virtual property are aimed at the real right, but also different from the traditional real right. This written is provided for the basis of virtual property inheritance for the following theoretical. Part III:Inheritance analysis of virtual property. The inheritance of virtual property has its economic and spiritual values, which is concluded through the fact cases.Secondly basing on the existing law to find a legal basis for inheritance of network virtual, and make it clear that virtual property belongs to the scope of heritage. Part IV: Legislation of virtual inheritance. This part analysis the current network user’s handling with virtual property after they died, which divided into two modes. Put forward the idea of making legislation of virtual property inheritance system, so as to achieve the goal the construction of a network of virtual property inheritance system in China.