Research On Virtual Property Inheritance

Virtual property is a new form of property which comes from the development of electronic information technology and the popularization of network platform, indeed, has some particularities, but it also has the same economic value as traditional property. At present,more and more juridical practice issues which comes from the virtual property inheritance disputes arise both at home and abroad. This article bases on the research on the concept and legal nature of virtual property, and discuss whether virtual property can be regarded as civil legal heritage, then figure out the subject of the virtual property inheritance and study the issues which hide in the process of virtual property inheritance. At last, put forward some suggestions to perfect the virtual property inheritance laws.This article altogether is divided into four parts, the main content is as follows:The first part, this part mainly introduces the present situation of the virtual property inheritance. Virtual property has become an important part of our modern life. In recent years, more and more virtual property inheritance disputes have arisen. But the lack of related laws and regulations makes juridical practice very embarrassed when we faced the virtual property inheritance cases. So clarifying the concept and nature of virtual property as soon as possible and clarify whether it can be citizens’ legal property, whether it could seek for protection of the inheritance law.The second part, This chapter is going to argue the rationality of virtual property inheritance. The technology of Virtual property includes three parts: hardware connected, software communication and logging operation, these determine the virtual property has characteristics which include "competitive", "interconnectivity", a "sustainable", "Time limit" and "scarcity". The concept of property is constantly developing and changing. At the same time, property law is also including emerging property gradually. Virtual property meets all the basic characteristics of the property, so naturally it is one kind of property. And it is more reasonable to class virtual property as a kind of real rights. Above all, as a legal property of citizens, virtual property should be protected by the inheritance law.The third part, try to figure out which are the subject of virtual property inheritance. Virtual property and logging in your account in the virtual world can be stripped, because the account is just a "door" or a "channel".The subject of virtual property inheritance should be only the digital information resources part in user`s account. When the inheritance occurring, operator typically only needs to give a copy of the digital information resources part in dead`s accounts to the successor or creates a new account to link the virtual property. The meaning of "User agreement" is to earn a qualification which could makes user login the virtual world, and to definite the rights and obligations relations between users and operators. So the "user agreement" does not limit the virtual property inheritance.,The fourth part, compared other countries legislation with actual situation in our country, put forward suggestions to perfect the virtual property inheritance laws and Build a system for registering appealing for virtual property inheritance.