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Network Information Property Inheritance Question Research

Posted on:2013-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XiaoFull Text:PDF
GTID:2246330374989913Subject:Law
Abstract/Summary:PDF Full Text Request
With the Internet age coming, information technology experience the rapid development of a large number with the network-related emerging things into our vision to change our way of life. QQ, MSN, e-mail, microblogging, blog, Web store, online games and so on according to a virtual existence in cyberspace gradually occupy an important part of our daily lives, network information industry has showed tremendous value to become the new economic growth. Specific product in the personal network information network environment, the combination of the majority of users of energy, effort and money, not only has a certain amount of economic value, but also contains the sentimental value can not be ignored. After the death of the user, these rich digital properties belong to whom? Network information of inheritance proposition emerged. In-depth study on this issue, both operators and a vast network of users, are of great significance.The basic problem of the academic definitions, attributes, and the scope of the personal property of the network information opinions, pathway and network information and property is no agreement on dispute resolution. Network information of inheritance looks like there is a long way to go. The absence of property rights protection on the network information with domestic law, foreign law in this regard, legislative efforts, and produce a certain influence, highlights the demand for legal regulation of property rights on the network information and the pursuit of a relatively independent status of the information assets desire.2004UNESCO declared and adopted by the Preservation of Digital Heritage Charter, designed to help member countries in formulating national policy of preservation of digital heritage and access to such heritage, but provides for a more abstract, with little success.Inherited in the existing statute law on the network information and property related issues is not particularly clear rules, but that does not prevent us to explore this issue, and through a comparative analysis of the legal system for our network information and property inheritance for reference.Under the guidance of this idea, the use of the system and comparative analysis of the method of combining the article the main content is divided into five parts to them all. The first part of the network information of inheritance leads to the proposition of the network inherited by foreign and domestic case, confirms the urgency to solve this problem; second part of the relevant concepts defined network information property, including property information on the network the concept of virtual property, digital property are introduced and compared to determine the nature and scope of the network information available for inherited property; the necessity and possibility of the third part in-depth analysis of the network information of inheritance, the main consideration of the optimal allocation of network information resources inheritance system of ethical values, the space for development of the law of succession and network information and transaction status quo factors prepared the basis for the network of inheritance; the fourth part of the network of inheritance, is the focus on the part of the article, based on our current network the status information of inheritance, straighten out the network information assets inherit the challenges to traditional inheritance, and finally from the perspective of the improvement of the legal system, network services, innovative ways, and the improvement of business practices to explore the network in line with China’s actual conditions of inheritance the road; the conclusion of the fifth part is a summary of the basic view of the article and refining, and described the writing experience.
Keywords/Search Tags:network property, inheritance, the limitations of the law, business practices
PDF Full Text Request
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