Research On A Better System Of Digital Inheritance Of China

Digital property is the product of the developing information age. As people gradually dependent on the network, digital assets are constantly accumulated and digital inheritance problems began to emerge. Digital property is a new property, with its own characteristics significantly different from other property. Inheritance digital heritage is facing a double dilemma from the legal and practical. Current plight of our digital heritage inherited not only in legal level, there are many practical problems. In legal terms, first we are faced with a lack of relevant laws and regulations, such as the absence of digital property recognized by the property law and the lack of inheritance digital inheritance specification. Secondly, it is true that, if we make the digital inheritance legislation, we are facing difficulties in defining the scope of the estate,heirs to obtain qualifications, inheritance implementation, and other aspects of the digital division s. Again, in inheritance digital heritage, there are still many conflicts in digital heritage protection and privacy protection, in digital heritage value of the protection and the protection of the interests of the company. In practical level, there are inheritance rights and obligations involved in diverse subjects difficult to draw, inherited object is difficult to accurately define the scope of protection varied widely in the field of conflict of interest is difficult to effectively coordinate inheritance issues. But property value and spiritual value of the digital heritage itself has, as well as allocation of social resources required to achieve the digital inheritance. Digital inheritance is viable based on the analysis from the legal and practical point of view. On the basis of a comprehensive overview of the digital analysis of inheritance and learn from foreign legislative and practical experience, we can put the heritage into digital heritage range, define the digital heritage range, define the digital heirs, dedine the way accepting or giving up to digital inheritance, define digital heritage division manner, and define how to deal with no inheritance, then we can selectively use cases issued guidance, publishing judicial interpretation or legislative amendments to improve our digital inheritance system. Faced with this new product, the implementation process is a long way to go, whether it is from the policy or the legal aspects or from the entity or the program. We need to plan ahead, to study on this issue, to take efforts to improve the legal system, then the digital wealth will exist forever.