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Research On The Inheritance System Of Personal Digital Heritage In China

Posted on:2019-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:J Q HouFull Text:PDF
GTID:2416330569479149Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of economy and the progress of technology,the information age has come.As an information platform and the cultural melting pot,the Internet has increasingly infiltrated into people's lives,bringing about a great change in the way of life,and has had an important impact on the way of thinking and values of millions of Internet users.People use social software to record their moods,use online games to be happy,use instant messaging software to communicate.And more and more people are investing a lot of time and energy in the network,thus accumulating numerous digital assets when they leave their lives.This digital property has been transformed into a digital heritage,and inheritance problems of digital heritage have begun to appear.The concept of digital heritage has a broad and narrow sense.The broad digital heritage refers to the digital heritage belonging to all human beings.This paper studied the narrow digital heritage,that was,the inheritance of individual digital inheritance.In the course of the formulation of the “General Provisions of the Civil Law”,a landmark of the Civil Code,a milestone in the history of civil law legislation in China,it was revised several times.It finally clarified that citizens' data and cyber virtual property were protected by law.It shows that legislators are fully aware of the importance and necessity of protecting citizen's digital property,and also provide legal protection and theoretical basis for the further study of the inheritance of digital assets left behind after the death of citizens.China's current legal regulations regarding digital heritage are still in a blank state.Researching the inheritance of digital heritage has the theoretical significance of remedying legal loopholes and the practical significance of responding to the spontaneous needs of the people.In view of the economic value and emotional value of digital heritage,the compilation of the “Law of Succession” should be incorporated into the scope of adjustment and provide protection for the inheritance of digital heritage at the legal level.This paper explored the theoretical background and practice of digital inheritance at home and abroad,introduced the concept,classification and characteristics of digital heritage,and analyzes the fact that the inheritance of digital inheritance in China is facing the double challenge of legal predicament and practical predicament.Therefore,we can pave the way for the construction of legal system.After analyzing the necessity of amplifying the inheritance system of digital inheritance,this paper discussed how to deal with the difficult problems,such as how to handle the specific inheritance system,and how to solve difficult inheritance problems,and pointed out which type of legislation was more appropriate.In summary,this paper provided relevant suggestions for the construction of digital inheritance system.
Keywords/Search Tags:Digital Assets, Digital Heritage, Inheritance System
PDF Full Text Request
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