A Study On The Issues Of Cyber Virtual Property Inheritance

On March 15,2017,The General Civil Law of The People's Republic of China passed.The article 127 of The General Civil Law stipulates that if there are regulations of legal protection for data and cyber virtual property,according to the regulations.This article defined the legal protection of cyber virtual property.It has important guiding significance.Thus it can be seen,cyber virtual property has become a hot topic.Internet technology has been developing,the virtual objects in the network world are increasing,the scope and species of cyber virtual property are changing all the time.Cyber virtual property and the life of people is becoming more and more closely.Cyber virtual property disputes is increasing.the topic of cyber virtual property has sparked controversy in academic circles.There is no specific provision in the law for the cyber virtual property inheritance.In practice,there is no consensus for such cases.This paper starts from the nature of cyber virtual property and intends to solve a major problem of online virtual property inheritance.Firstly,this paper illustrates the concept and characteristics of cyber virtual property,and through it defines the legal nature of virtual property and the relationship of cyber virtual property and inheritance.Cyber virtual property exists in the internet virtual space.It is exclusive,interconnected,permanent and value-added information resource.And cyber virtual property has property attribute.Due to the virtual nature of cyber virtual property,the cyber virtual property right does not fully comply with all the characteristics of the real right.But the cyber virtual property rights can be directly control and exclusive.So the cyber virtual property rights can protect with reference to the real right.finally,because of the cyber virtual property has property attribute,legitimacy and belongs to the characteristics of a natural person,the cyber virtual property conforms to the concept of heritage,it completely can be included in the range of inheritance.Secondly,this article explores the human rights protection in the inheritance of the cyber virtual property.In all the personality interests most closely contact thecyber virtual property inheritance is the right of privacy.Privacy secret rights includes the right to peaceful life and life.Different types of the cyber virtual property and different ways of inheritance that associated with the right to privacy is also slightly different.Cyber virtual property inheritance indeed is closely related to the privacy.But,the cyber virtual property inheritance not only won't violate the privacy of the dead,on the contrary will be more conducive to protect the privacy.People who is closely related to the dead people(also known as the heir)to maintain the privacy of the dead body is consistent with the judicial practice in our country.At any time,the dead does not indicate some privacy only allow yourself to view or clear mandate network operators in the deleted after the death of their own information.In the case of don't know the user's real meaning,in fact their real meaning can be seen as allowing relatives to understand their privacy,and to inherit their own cyber virtual property.Therefore,the cyber virtual property inheritance does not conflict with the user's privacy.Finally,the paper summarizes the current and the principal way of the cyber virtual property inheritance and for building the cyber virtual property inheritance system put forward the corresponding suggestions.Firstly must clear the object of the cyber virtual property inheritance way,the main body,inheritance,and inheritance procedures.Secondly,to consider how to split the heritage and how to deal with heir in title or bequest of the cyber virtual property.The most important thing is to get the cyber virtual property inherited problems in the protection of the legal system.More explicit provisions in the law to ensure that in the practice of the cyber virtual property inheritance disputes can better resolve.