Research On Legal Problems Of Network Virtual Property Inheritance

With the development and progress of the times,in the information age,the network is becoming an indispensable part of people's life,and it is closely related to our work and life.As a new property right,the inheritance of virtual property has become a problem we must pay close attention to.However,the lagging nature of virtual property makes it difficult to recognize the legal nature of virtual property,and the rights and obligations of the parties are hard to define.In the academic field,the disputes over the ownership of virtual property continue to be more and more,which makes it difficult to carry out the fair judgement of virtual property inheritance disputes in judicial practice.Therefore,this paper first enumerates three typical cases injudicial trial,and finds out four problems caused by case in the process of evaluation and analysis,then defines the nature of network virtual property,analyzes the legal characteristics and classification of network virtual property from two aspects of connotation and extension,so as to determine network virtual.The necessity and feasibility of the inheritance of property.After concentrating on the current legislation of the inheritance of network virtual property in China,the existing problems in the inheritance of network virtual property in our country are explained,and the author's perfect suggestions are put forward.Virtual property is a new kind of property.At the present stage,China has no definite legal status on the virtual property in legislation and lacks supporting measures at the same time.Therefore,the legal status of virtual property should be clearly defined,the inheritance rules of virtual property should be carefully refined,and the supporting measures for the system of inheriting virtual property suitable for the national conditions of our country should be formulated..Gradually enhance the awareness of the network users to the virtual property,improve the rights and obligations of the network users,help the successors of the network to successfully complete the inheritance of the virtual property,establish the third party service websites,and provide guarantee for the CIS profit of the virtual property.In this paper,through the analysis of various theories and documents,the basic theory of network virtual property is summed up and the necessity and feasibility of the network virtual property inheritance are demonstrated and analyzed.Combined with typical cases in judicial practice,this paper analyzes the current situation of the inheritance of virtual property in China,and formulates the relevant system of virtual property inheritance.Finally,from the legal obligations of the network service operators and the role of the third party service mechanism,some suggestions on the legal protection of China's network virtual property inheritance are put forward.