Study On Legal System Of Virtual Property Inheritance

Virtual property inheritance reflects the protection of personal legal property, canencourage innovation network, improve the utilization efficiency of network resources,achieve social effects of settling disputes, build a harmonious and civilized networkenvironment. Meanwhile, the difference of virtual property inheritance and physical propertyinheritance are: the nature of virtual property is special, the contents of virtual property isprivate, the inheritance procedures of virtual property are restricted by network technology,and so on. Absence of relevant laws, exclusion of inheritance rights by network serviceagreements, involving personal privacy, the difficulties of heirs proof, heritage divisionproblem, are the main obstacles of our virtual property inheritance.To build a legal system of virtual property inheritance, first of all, need to establish thelegal status of virtual property is inheritable property. Currently, our country can amend theexisting the Law of Succession. Second,we should strict conditions and procedures for virtualproperty inheritance. In terms of determining heirs, for a variety of accounts and passwords ofchat and communication tool, and personal information in these virtual property, because theirvalue is reflected in the moral and spiritual aspects, can be determined the specific accordingto application within the range of legal heirs. In heir evidentiary, they have burden of provingthat they compliance with inherited conditions, such as to provide proof of ownership ofvirtual heritage, proof of death of the decedent, and proof of relationship with the decedent. Inthe division of virtual heritage, unlike the physical property division, can split the transformedproperty if they can turn to the reality; account number and other personal information arecommonly owned by successors, they can copy decedent’s journal and photos and otherinformation by getting the accounts and passwords. At the same time, we should build theidentification and evaluation system of virtual property value to provide protection for virtualheritage division. In terms of no successor in the processing of virtual heritage, we can learnfrom the missing heirs system of the civil law, we should set up a manager for virtual heritage.The heritage can be the Situation of neither successor nor legatee after the searchingannouncement and estate liquidation, the law may provide these heritage owned by networkservice provider. In this case, not only can take full advantage of the economic value of virtualproperty, but also can inspire the network service providers to improve the service attitude andservice approach.Enhanced network users’ awareness of virtual property inheritance, modify the networkservices agreement, encourage to establishing virtual inheritance service website, can escort for the smooth running of the legal system of virtual property inheritance. Successor caninherit the legitimate virtual heritage by amending the Law of Succession accelerately, is thatin line with the concept of social justice and the proper meaning of a harmonious society.