The Legal Research On The Interitance Of Virtual Property Under The Background Of The Internet

Since the birth of the Internet,people started to make connections with the Internet.And,with many Internet users aged,they also left a lot of virtual possession,such as network accounts,game equipments,and so on.However,the attribution of the virtual property has become a question.In recent years,with some cases causing great social concern,the virtual property inheritance problem has caused more attention and new thoughts of the community.However,China's current Inheritance Law was enacted in 1985.The law is less,the type of property is single,and it did not make the appropriate provisions about virtual property and other new types of property,this issue's blank state of legislation caused the court caught to be in an unstable situation in dealing with related issues.As the virtual property is a new phenomenon these years.The academics think that the virtual property doesn't have a unfielded concept,and the characteristics of the virtual property is the same view.Besides the two points,they also think the legal properties of virtual property also has a lot of controversies.I believe that the virtual property is in the virtual space with competitive,interconnected,continuous,user value-added information resources,it is the property of the electronic code in essence.And the legal attributes of virtual property are in essence closer to the real right and have property attributes that can be inherited.This article introduces the concept and characteristics of virtual property from the concept of network virtual property,and draws on the viewpoints of many scholars,limits the scope of virtual property to virtual space,introduces the characteristics of virtual property and the different views towards the arrtributes of virtual property from academics.I believe that the legal properties of virtual property is closest to the real right,because the virtual property has no body,does not meet the traditional property law has a body set.But in the field of private law "law is no prohibition of freedom",there is no legal provisions that the right exists only in the body.Moreover,the expansion of the concept of real right is in full compliance with the development trend of the times.In addition,the network users to the virtual property can be exclusive.Although the existence of virtual property is based on the Internet as the carrier,the network users have the possibility of domination.And network providers under the network service agreement constraints can not interfer the domination fitting the provisions of the virtual property,which is,network users The domination of virtual property depends entirely on its own will.In the demonstration of whether the virtual property can be inherited,this article proceeds from the virtual property legitimacy,through the proof of virtual property production method is legitimate,the sources of the virtual property is mainly the agreement and their simple labor income,and the law does not prohibit the existence of virtual property,Thus proving the legitimacy of the virtual property.In addition,the virtual property also has property value,resulting in virtual property with property attributes.In the attribution of virtual property,I believe that the virtual property should be different according to the classification of different attribution.Virtual property through coins,virtual property about account number,credit virtual property,the new virtual property from the process that users using other virtual properties,different in belongings.Account virtual properties are dominated by the network operator in the process of production and subsisting,created and preserved by the operator,should belong to the network operators.And other virtual property comes from the network users' appropriate time,energy and even money,thus network operators can not only claim to have ownership of the virtual property through the format terms.Finally,this article expatiates on the constitution of the inheritance system of virtual property,introduces the subject,object,method and procedure of virtual property inheritance,and puts forward my own view.In my view,the virtual property object should be classified as the ‘virtual entrance' and ‘virtual assets',besides the ownership of the ‘virtual entrance' property should belong to the operator as it can not be inherited.And for other types of virtual property,the subject of inheritance are supposed to be distinguished according to the relationship with inheritance,not just the order of succession.Virtual property inheritance methods and procedures can also be learned from other countries such as the practice of the United States.At the end of the article,the author puts forward some thoughts on the inheritance system of virtual property.First,the government can rely on its own position to strengthen the supervision of the network service agreement.Secondly,the Supreme People's Court can also publish some judicial interpretation and guidance cases to refine the rules to resolve the contradictions.Finally,the virtual property should also deal with the privacy right well between the disputes in the inheritance.