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Research On Legal Problems Of Network Virtual Property Inheritance

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q JiaFull Text:PDF
GTID:2416330548485802Subject:Law
Abstract/Summary:PDF Full Text Request
With the deepening of information technology,public life is closely linked with the Internet."Virtual property" has entered the field of vision and has attracted much attention.In terms of its form or mode,network virtual property usually refers to a series of electromagnetic records that can be copied,transferred and modified in a digital form in the network environment,which is controlled by people.As a new form of property,network virtual property has broken the traditional property theory centered on the two yuan structure of real right and creditor's right,which highlights the demand of society for the construction of new property theory.Among all kinds of disputes involving Internet virtual property,the most notable aspect is inheritance.The particularity of the virtual property of the network determines that its succession is very different from the ordinary property,but the law in our country is not perfect,so it is necessary to clarify the solution in the law.In this paper,the author mainly uses case analysis and literature research method to analyze and summarize the status and problems of China's network virtual property inheritance by consulting the paper documents,books and other materials.And through the case of extraterritorial and relevant laws and regulations,the paper analyzes the ways to solve the problem in his country,and puts forward the solution to the situation of our country according to local conditions.The full text structure is divided into the following parts:The content of the first part is a simple explanation of the basic content of the definition,characteristics and types of network virtual property,which is used to clarify the basic content of the virtual property of the network,and pave the way for further research on the following problems.The second part mainly analyzes the legal attribute of the virtual property of the network,and there is still a certain dispute over the nature of the virtual property of the network.If this problem is not solved,it will lead to the lack oftheoretical basis for the legislation of the inheritance of related virtual property.To this end,the author studies several popular theories and analyzes its disadvantages,and then puts forward my own views and demonstrates it,and provides a theoretical basis for the study of the inheritance of network virtual property in the post.The third part is the deficiency of China's network virtual property inheritance.The author uses literature analysis and case study to analyze and summarize the loopholes in the current network virtual property inheritance in China,and establishes a clear direction for the countermeasures and suggestions.The fourth part is the status of the research on the inheritance of network virtual property in foreign countries.In view of the big differences between the continental law system and the Anglo American law system,the author chooses only a few more typical countries to carry out the analysis in order to get the relevant merit from it.The fifth part is the focus of this article,that is,the improvement plan aiming at the above deficiencies.It is the core purpose of a paper to put forward a simple and effective solution to the above problems.In this paper,the author puts forward a unique solution to the national conditions of our country through the consideration of the current system and the experience of foreign countries.The inheritance of Internet virtual property is a difficult point in judicial practice,and it needs more brainstorming to arouse the wisdom of the masses.Nowadays,the people advocate that the voice of the legal protection of the network virtual property inherits more and more strongly,the relevant departments should pay more attention to it,and begin to build the network virtual property inheritance system.In this way,the rule of law in China will be accelerated so that China can become a "rule of law China" and truly realize the rule of law.
Keywords/Search Tags:network virtual property, inheritance, system design
PDF Full Text Request
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