The Theory Of Digital Property Inheritance

The rapid development of information technology and network digital property is presented to the world, with its unique form of attracted people’s eyes, it makes the current legal system has impacted by the social development, and brought new type of property for the law, which includes the succession of the digital property. When after the death of network users, whether their digital property will be included in the scope of inheritance, and whether to be inherited by their inheritor. Due to the lack of digital property protection legislation in our country, the academic circles hold various opinions on this issue. Based on the value of digital property attribute and disposable characteristics and stability of network service market requirement, digital property should be included in the scope of inheritance, and protected and regulated by "inheritance law", in order to build and complete the inheritance of digital property in our country.Therefore, the discussion of this article revolves around three aspects of digital property inheritance issue. The first aspect is the inheritability and necessity analysis of digital property, mainly discusses the reasons of digital property can be inherited, namely the value of digital property attribute and its disposable characteristic. Second is the inheritable scope of digital property, including natural person have personal account in the network, virtual currency involved money and the personal assets related to intellectual property rights of natural person in the network, and primarily disputes the community discussion on the inheritance of the personal account. Finally is the status quo of digital property inheritance of our country and the improvement proposal, first analyzes the shortage and the difficulty of digital property inheritance, and then on this basis to give out recommendations to improve the insufficient place.