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Study On The Inheritance Of Virtual Property

Posted on:2015-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2296330431960765Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The rapid development of science and technology, the expansion of network space, all kinds of games, shopping, the popularity of social networking sites, attracted a large number of the public eye. Game crazy fight to get the top equipment, fine blog posts, and the electronic photo album of personal home page, these embodies the users of money and effort of network virtual property is gradually come into our lives. However, the traditional legal system also has been challenged due to the development of the technology. For the network virtual property, one of them is the lack of user’s death, the property go from here? Can apply inheritance law protected? A series of problems caused the attention of the legal science and thinking. Further study of solving the problem of network virtual property inheritance, has a strong practical significance. For network operators and users of close relatives, is conducive to resolving contradictions, the legal protection of rights and interests of all parties.At present academia for the legal attribute of network virtual property has a different view, inheritance law can apply relevant theory is debated. It also illustrates on the protection of network virtual property in our country has some deficiencies, from ideas to the need for improving the system construction. And the absence of domestic legislation, the foreign law have begun the legislative protection, especially in2004, UNESCO declared by the hold digital heritage charter will have a very good reference significance, embodies the laws for all kinds of the protection of the legitimate rights and interests of citizen.In view of the current network virtual property inheritance, should make clear the property of network virtual property attribute, be included in the protected in succession. Under the guidance of this thinking, the author using the system analysis and comparative analysis of the method of combining the article content is divided into five parts in this paper.The first part is the network virtual property inheritance is proposed, through the comparison of the two different cases, illustrates the necessity and urgency of this proposition.The second part is the theory of network virtual property inheritance considerations. Content mainly includes two parts:one is the legal attribute of network virtual property analysis, through to the creditor’s rights, property rights, intellectual property is analyzed, it is concluded that the network virtual property belongs to a new type of property rights.2it is to compare it with the traditional property inheritance, highlight of the virtuality of the network virtual property.The third part is the feasibility and necessity of network virtual property inheritance. Feasibility point of view, the real legislation of the specification and need to promote the healthy development of the industry requirements to urge we admit that the network virtual property inheritance. Necessity perspective, the network virtual property has property attribute, belong to the individual legal, comply with the requirements for the establishment of the heritage and should be confirmed inheritance law.The fourth part is the conservation status of virtual property. Introduces Taiwan, China and foreign legislation and protective measures, shows that our existing virtual property valuation difficulties, difficulties in verifying the identity of the heir, service agreements denied inheritance and other issues.The fifth part is the focus of this essay, the paper expounds the building of digital property inheritance system in China. Mainly inherited from the main body, inheritance way, view of value determination and segmentation, put forward the countermeasures, hoping to better protect the network virtual property, and realize the resources.
Keywords/Search Tags:network virtual, property, inheritance, service agreement
PDF Full Text Request
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