Research On Network Virtual Property Inheritance Question In China

With the popularization and development of information network, increased the number of Internet users in China, the network has gradually in people’s lives become or missing. The network virtual property is the product of Internet popularity and common. Network virtual property contains the network users work and labor, has a certain value. But at present our country has not related laws to protect the network virtual property. After the citizens died, before all of the virtual property will be how to deal with and inheritance is no clear stipulation. Facing the current more and more civil disputes related to virtual property inheritance, we can’t just rely on the judicial organs in terms of relevant legal blank cases of dispute resolving dispute. In this background, this article is based on the reality of the virtual property inheritance cases, analyze the problems need to be solved in virtual property inheritance, and analysis and research of virtual property. Finally draw lessons from domestic and foreign related legislation and measures, aiming at the difficult problem of virtual property inheritance, for our country to find a suitable for our country’s legislation of virtual property inheritance way, build a set of perfect, distinct and has systematic system, resolving the current embarrassing situation.This thesis is divided into five parts, the main contents are as follows:The first part:put forward the problems of virtual property inheritance. First by the real case which leads to the virtual property inheritance, followed by the analysis of the necessity of solving the problem of virtual property inheritance. The author respectively from from virtual property for the future development of demand and the demand of the current judicial practice and so on many Angle analysis of the necessity of solving the problem of virtual property inheritance, focuses on the aim to solve the problem of virtual property inheritance. For the analysis of virtual property inheritance problem below the stage.The second part:this part mainly discusses the related theory of virtual property and virtual property as the objects of legitimacy, rationality. First of all, from the perspective of the concept of network virtual property, stress is discussed in this paper, the generalized virtual property, classification of virtual property, first proposed the idea of the author himself. Then analyzes the legal nature of virtual property, thought the network virtual property belongs to property rights, can serve as legal inheritance object; From the perspective of heritage and the current relevant laws and regulations of the virtual property is analyzed, think of virtual property can serve as legal inheritance object.The third part:analysis of the peculiarity of virtual property in the difficult problem which caused by the virtual property inheritance. Including virtual property value assessment question, virtual property in the inheritance of the segmentation problem, virtual property inheritance Internet service providers should bear the responsibility and obligation, and other related difficult problem.The fourth part:lists at home and abroad, such as the United States, South Korea, Chinese Taiwan and the legislative experience of network virtual property inheritance and the relevant measures in dealing with a virtual property inheritance, analysis and put forward the legislative experience and measures of our country to establish the network virtual property inheritance system may play a role of enlightenment.The fifth part:finally proposed some Suggestions on network virtual property inheritance system in China. Including the value of network virtual property assessment, Internet service providers in virtual property inheritance, due responsibilities and obligations, the way and the main body of network virtual property inheritance, division of property in the process of network virtual property inheritance way and the burden of proof in the process of network virtual property inheritance.In short, the network virtual property inheritance problem is an urgent reality problem, and the solutions of the problem of network virtual property inheritance for the future development of network virtual property has the long term. We need to step by step, patiently to solve many problems on theory and technology, the author analyzes the above problems and put forward the scheme of establishing virtual property inheritance system, in order to be of benefit to the modification of our current inheritance law.