Research On Network Virtual Property Inheritance

With the rapid development of network economy, internet virtual property has caught our attention as a new thing. However, nowadays, the Chinese judicial circle has no clear conclusion on the arguments of whether the internet virtual property is the personal lawful property of citizens and whether it could be legally inherited by people. At the same time, many internet virtual property law cases in China give judicial circle a warning to solve promptly the legislation of internet virtual property inheritance. In this paper, a case of judicial practice as the starting point, discussed the property of virtual property, and the necessity and the feasibility of legislative to virtual property inheritance, lastly proposals to build inheritance system.In addition to the introduction and conclusion, there are four parts in this paper:Part I: issues put forward. Taking two typical cases as examples, this section poses the question of virtual property inheritance in our country. In order to keep the description orderly, the author raises two questions: whether the internet virtual property is the property in the civil law sense; whether the inheritance of internet virtual property is legitimate.Part II: internet virtual property and property attribute. Focusing on the property attribute and specific performance of the internet virtual property, this part offers the legitimate basis for the inheritance of the internet virtual property. Besides, this part also demonstrates a variety of perspectives on the property attribute of internet virtual property and points out the property basis of internet virtual property.Part III: the necessity and the feasibility of internet virtual property. The author states views from two aspects: the necessity and feasibility of the internet virtual property. This part introduces and the significance of the internet virtual property inheritance in the necessity. What’s more, the author introduces the feasibility from the abroad valuable reference and internal foundation. This part entirely states the real sex and inevitability of internet virtual property, and lays fine foundations for the network internet virtual property.Part IV: proposals to build the inheritance system of internet virtual property. The last part of the main body emphasizes the inheritance system of internet visual property. The author suggests from four aspects of the inheritance of internet visual property: subject, object, mode and procedure, hoping it provide guidance for long-term development of our internet virtual property inheritance system.