The Network Hypothesized Property Inheritance Issue Research

With the time development adapt, personal own property increasing number of type also increasingly been increasingly rich, among them, the fictitious property of network virtual property is also the result of information times, its unique manifestation and trade has become more and more universal, and also more and more attention. After a person dies, "the network hypothesized property" can be attached to the heritage of scope, whether for heir by successors from, for relevant legislation still missing, practice and practice are motiva ted, controversial. The author thinks that part of the network has value of virtual items should be recognized as the net assets and to give legal protection, at the same time, based on property-moving safe and stable market economic order and give full play to the network hypothesized property "docking" consideration, shall be the network hypothesized property into the protection of succession in system category to discuss the virtual property inheritance issue. This paper using for reference the academic criticism of various viewpoints, comprehensive analysis and puts forward the author's point of view, hope from theoretical height to explore the network hypothesized property inheritance.The article is divided into four parts, a total of around 30,000 words.The first part:issues put forward. This section is mainly from the Angle of trial practice, this paper introduces the international and domestic appear on the virtual property ownership dispute, discusses the problems of the virtual property legislation blank cause in judicial practice appear "the phenomenon of different codefendant to belong, inheritance and problems, such as providing a platform for discussed below.Part two:the theory of virtual property considerations. This part of virtual property defines the connotation of network of the virtual property theories, and further analyzes the legal attribute analyzed.Part 3:China legislation unscramble. Accept the concept of virtual property above, about the nature and evaluation, this part of related doctrines are mainly introduced in China in the special law academically, virtual property regulation, and make relevant interpretation, hope from the existing legal system construct network virtual property found in the legal basis inheriting system.Part four:the network virtual property inheritance system construction. This part of the argument the necessity of network virtual property inheritance, analyzes the feasibility of network virtual property inheritance, on the basis of virtual property inheritance from network discussed ways to confirm the range of network heir and the burden of proof, the network hypothesized property issues to construct a set of effective network virtual property inheritance system.