Research On The Inheritance Of Network Virtual Property In China

With the continuous development of Al and big data industry in recent years,there are many suits about the inheritance of virtual property.This situation is in sharp contrast to the legislative gap.The general rules of the civil law of people's republic of china adopted at the 5th session of the 12th national people's congress of the people's republic of china on march 15,2017,the article 127 provided that the internet virtual property must be protected by civil law.Although this provision is not clear about the connotation and extension of the network virtual property,it is enough to show that the network virtual property began to get the attention of the state system and gradually protected by law.In the current legislation,there is no law for the inheritance of network virtual property to make clear provisions,leading to the judicial practice in the process of there is no law.Network virtual property has the same property attributes as real property,such as value and in line with social public interests,which is included in the scope of protection of the current law.Starting from the property of the virtual property of the network,this paper holds that it is inheritable from the aspects of practical needs and theoretical basis.For example,in the internet age,people have a strong need for the virtual property with spiritual value,and the virtual property has the theoretical basis included in the scope of the current inheritance law because it has the characteristics of legality,property and personal ownership of citizens.China's "inheritance law" formulated earlier,there is no relevant provisions for the network virtual property,but in the network more developed countries such as Germany,the United States,Japan,south Korea,etc.,for the network virtual property has certain provisions,and in practice there are also some special ways for virtual property,through the analysis and reference of foreign virtual property inheritance legislation and practice,and to discuss the problems of China's virtual property legislation and practice,such as in the process of legislation for the network virtual property legal characterization is not clear,the network virtual property inheritance content and boundary is not clear,for the value of the network virtual property is determined In the judicial process,there are difficulties in determining the subject of litigation,the proof and cross-examination of the network virtual property,etc.through the analysis of the current legal and judicial status in China,we can determine the legal nature,content and boundary of the network virtual property inheritance,as well as the value of the network virtual property inheritance process and the network service provider's responsibilities and obligations to some extent.at the same time,for the special circumstances of the network virtual property,in order to provide some ideas for the inheritance of the network virtual property in the legislation,at the same time,in the judicial further through the method of comprehensive evidence to determine the litigation subject of the network virtual property cases and the process of the network virtual property inheritance At the time of revising the inheritance law,this paper mainly provides some suggestions on the construction of the network virtual property inheritance system and judicial perfection measures from the legislative and practical level,so as to provide some suggestions on the revision of the inheritance law,and solve the problems existing in the judicial practice of virtual property inheritance.