The Legal Study Of Network Virtual Property Succession

With the continuous development of Internet information technology,network virtual property,as a new form of property,has gradually entered people's vision.Network virtual property contains the energy,effort and money of the vast majority of network users.Like traditional property,it not only has economic value,but also includes emotional values which cannot be ignored.The General Provisions of the Civil Law of PRC,as adopted at the 5th Session of the Twelfth National People's Congress on March 15,2017,has incorporated the virtual property of the network into the protection under the law.However,specific provisions about the legal attribute of the network virtual property,its inheritance and other matters are still blank in other relevant laws.lt is obviously insufficient for us to protect the network virtual property under the lagging circumstance of the legal system,which is difficult to meet the people's demand on the succession of network virtual property.Under this background,this paper firstly expounds the basic theory of network virtual property,classifies the network virtual property on the basis of the existing theory,and lays a theoretical foundation for the following discussion.Secondly,in order to prove that the network virtual property inheritance is not empty,through three aspects of economic,ethical value and the development trend of the internet industry,this paper demonstrates the inheritance of network virtual property has the inevitability and feasibility as a heritage to be legally inherited,and analyses the obstacles in the course of virtual property's inheritance.Those barriers are mainly reflected in the following aspects:the lack of relevant legal system,the conflict between the inheritance and the protection of the privacy,the difficulty of identifying the successor,the evaluation of the virtual property,and the restriction of the network service agreement to the user's right of inheritance.Finally,combined with the extraterritorial legislative experience in network virtual property,this paper puts forward some suggestions for the construction of the legal system of network virtual property inheritance and the solutions for our dilemma.