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Research On Network Virtual Property Inheritance

Posted on:2014-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:M W WangFull Text:PDF
GTID:2246330398456043Subject:Law
Abstract/Summary:PDF Full Text Request
Private property is the basis of personal survival and development, but also thematerialization of personality, more personality equal material premise. With the rapiddevelopment of information network technology, people have wealth in the form ofdiversified network of virtual property is one of a new type of property. Although theshow network virtual property in the eyes of the world is not a behemoth, but itsuffered an unprecedented challenge to the legal academia. Citizens to leave thisworld, leaving the network virtual property is not in the traditional sense property areinheritable legacy does not belong to the scope of, and how to inherit these properties,which are to be discussed in this article. However, our current conservation status ofthe network virtual inheritance is worrying, legislative and judicial lag resulting intheir protection is a serious lack of legal yardstick legislation blank makes traditionallaws become stretched to hear this kind of case, the court also facing no legal basis forthe embarrassing situation.Network virtual property has not yet formed a more authoritative and unifiedunderstanding, so the resulting lack of protection of the status quo of the currentnetwork virtual Inheritance, this is not because of the omission of the relevantauthorities in China, but because of the network virtual property in the Internetenvironment formed under the new rights. Jurisprudence its legal attributes insightsstill, there are many differences, the difficulty is that the real value in cyberspace,there are many disputes that the necessity and feasibility of network virtual propertyinherited legitimacy. Therefore, the research network virtual property to make it intolaw as soon as possible a long way to go.In view of this, this paper intends to cut from the real life stories its theoreticalQualitative Analysis of the mainstream doctrine, demonstrate the legitimacy ofinheritance, as well as extra-territorial law of significance in China, in order toestablish and improve our system of inheritance in this regard and related systems to fully safeguard the legitimate property rights and interests of citizens.I think the network virtual property in the areas of real rights is relativelyreasonable. Because it is invisible and virtual sex, it should expand the material objectareas will be included in the field of protection of property rights, is a typical type ofproperty rights (ownership or use depending on property); based on material right torule, network virtual property is not a course is a network service providers ornetwork users, and really enjoyed it depends on the rights of the legitimacy andlegality of the source of. As a legal basis, should be amended as soon as possible, orthe introduction of relevant laws, judicial interpretations, effective and diversitymeans of protection for our network virtual inheritance, the inheritance rights of ourcitizens truly maintenance. In this, I hope of contributing to their legislative, andjudicial.
Keywords/Search Tags:Virtual network property, Legal qualiaty, Legitimacy, Inheritance system
PDF Full Text Request
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