Research On The Inheritance Of Network Virtual Property

In the general provisions of the civil law,which is put into effect in October 2017,the 127 th rule stipulates that "laws have provisions on the protection of data and network virtual property,in accordance with its provisions".But in practice,there is almost no provision for the protection of virtual property.In the case involving the inheritance of the network virtual property,the judge will only protect the virtual property of the network into the "other legal property of the citizen",which is stipulated in the third article of the inheritance law.Since the implementation of the inheritance law in October 1,1985,it has not been amended in the past 33 years,which has led to a growing shortage of virtual property in the network today.The author thinks that with the network virtual property becoming more and more important property types,there will be more and more disputes about its inheritance.If we do not accelerate the progress of the legislation of the network virtual property,it will not effectively protect the legitimate rights and interests of the parties.Through the analysis of the characteristics of the network virtual property inheritance and the difference from the common inheritance,the author sums up the legislation and judicial practice of the virtual property in some European and American countries and some Asian countries and regions,analyses the different views of the legal property of the network virtual property,and provides theoretical support for the legislative proposals of the network virtual property inheritance..On the basis of referring to the related cases of network virtual property inheritance,the main problems of virtual property inheritance are summarized,and the corresponding solutions are put forward.For example,the network virtual property is incorporated into the network information security law to protect it.On the basis of the analysis of the legislative activities and judicial practice of the extraterritorial network virtual property,some general methods and experiences are summed up,and the legislative proposals for the inheritance of network virtual property in China are put forward.The virtual property of the network is not only a kind of wealth,but more and more an important factor of production.To solve the problem of inheriting the virtual property of the network,we need to introduce the relevant laws as soon as possible on the basis of the in-depth study of the virtual property of the network.Although the research provides some suggestions but also has many shortcomings,we hope to provide valuable reference for the construction of the network virtual property inheritance system.