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Research On Legal Problems Of Inheritance Of Network Virtual

Posted on:2016-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y X SongFull Text:PDF
GTID:2206330461498274Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the network service and the development of the network game industry by leaps and bounds, we are about to enter the "big data" era, at this time, the "network virtual property", as a new thing, it is becoming more and more attention. The concept of network virtual property and ownership issues, not only the relationship between the network virtual property all interests, but relations with the benign development of market economy. "Network virtual property inheritance" problem, but also involves not only the legitimate rights and interests of "network virtual property successor", but also relationship with network player after death, all of its "virtual property" the stability of the relationship between the circulation. But now, for what is a "network virtual property", the law did not give a clear answer.This article, through analysis on network virtual property, the definition, description,and the mode of inheritance, suitable for parsing, on this basis, to elaborate the property attribute of network virtual property, clear ownership of it. At the same time, the study on the feasibility of inheritance system, namely the inheritance of theoretical basis and reality basis, and then put forward the feasibility on the basis of, including the components of the virtual property inheritance, at the same time, lists the applicable exception. In the end, on network virtual property inheritance system, I will put forward some Suggestions. The research purpose of this article from the two aspects of theory and practice, to strengthen to the problem of network virtual property inheritance law research, to seek a feasible system of network virtual property inheritance, standardize it and protecting the rights of lawful property right holder and heir.This article, by the introduction, body and conclusion, the three parts.The text includes five chapters. The first chapter, it is on network virtual property legal definition. In this part, mainly introduces some basic problems, for example, the generation of network virtual property, typical cases, definitions, etc. Then, introduces the characteristics of it, like a disposable, liquidity, scarcity, and usefulness, etc.; But it also has the difference with the traditional property, new features, such as virtual , strong technological and so on. Through the analysis of the meaning of law of property, the final legal definition.The second chapter, this paper discusses the necessity of network virtual property inheritance system and feasibility. The necessity, through the social and legal aspects to discuss. To protect the network virtual property "contribute to a healthy industry, is an extension of the protect real property, but also protect the needs of new industry. At present,the our country law, the provisions of "network virtual property inheritance" few and far between, but in real life there are a lot of infringement of such rights. That highlights the we need to use legal means to protect network virtual property inheritance. On the feasibility, the one is the traditional theory of property rights, there has been a theoretical foundation; 2 it is now a good institutional environment, provide the condition of social reality; Three is that technological progress provides economic conditions. From the above three aspects, the network virtual property inheritance system legal regulation is feasible.The third chapter, mainly introduces our country’s specific legal provisions and the shortcomings.The fourth chapter, mainly introduces the different countries and regions,representative of the legislation. Introduces the network virtual property inheritance legal problems, introduces the abroad and our country Taiwan area the general situation of the law about network virtual property inheritance, analyzes the common form of network virtual property inheritance disputes and solutions, as well as to the significance of our country.The fifth chapter, for the construction of network virtual property inheritance system of our country and perfect. Based on succession, inheritance, the scope and the division of the property, on the basis of the analysis, think that China should change the law or judicial interpretation, first of all, clearly acknowledged "network virtual property" can be a personal legal private property can be inherited, and then solve the acknowledgment and segmentation problem, through the discussion of the above ways, believe that help to the construction of network virtual property inheritance system of our country.The conclusion part, summarizes the full text.
Keywords/Search Tags:Virtual property, attribute, inheritance, constitutive requirements
PDF Full Text Request
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