Research On Virtual Property Inheritance In China

In recent years,the rapid development of Internet industry in China,the Internet has infiltrated every corner of our lives,the Internet is a surge in people enjoying convenient also accumulated all kinds of Internet,a large number of network virtual property,so the disputes on network virtual property is more and more,such as virtual property ownership dispute,the succession of virtual property dispute,which makes part of the network users begin to attach importance to their own virtual property.Therefore,the author through the legal level to explore the network virtual property inheritance,hoping to provide more convenient and method for the majority of network users to the disposal of virtual property.The first chapter of this paper expounds the significance of the topic selection,analyzes the current situation of online virtual property inheritance at home and abroad,and applies the methods of theoretical analysis,comparative analysis,data analysis,empirical analysis and social investigation to solve the relevant problems encountered in virtual property inheritance.In the second chapter of this paper,the definition of virtual property is briefly introduced.The network virtual property has the characteristics of virtuality,value,liquidity,disposable,legitimacy and dependence,and the types of virtual property are summarized.The third chapter analyzes the necessity and realistic significance of virtual property inheritance and confirms the inheritability of virtual property.Network virtual property inheritance conforms to the realistic demand of social development and is the inevitable result of keeping pace with The Times.The inheritance of network virtual property is conducive to the healthy development of the Internet industry.Only when the virtual property has economic value and is protected by law,can it attract people's attention and be more beneficial to the healthy development of the Internet industry.The fourth chapter through the analysis of the legal attributes of virtual property,so as to affirm the inheritability of network virtual property.At present,there are theories of real right,creditor's right,intellectual property right and new rights about the legal attributes of virtual property.Among them,the theories of real right and creditor's right are quite persuasive,which occupies the dominant position in the analysis of the legal attributes of virtual property.The author agrees with the theory of real right and comments on other theories and points out their limitations.The author thinks that the virtual property as a real right object more conducive to the protection of network users'rights,and in the case of the adjustment of existing laws can carry on the generalization of the legal attribute of virtual property,not to need to add new rights type again,because in the add new types of rights may bring new problems at the same time,the cost is higher.The fifth chapter points out the problems faced by virtual property inheritance.Firstly,virtual property inheritance lacks legal basis;secondly,it is in conflict with existing network service agreements;thirdly,it is in conflict with the privacy right of network users;and finally,it points out the difficulties faced by virtual property inheritance in judicial practice.The author analyzes them one by one and gives a reasonable explanation to the existing problems.The sixth chapter is the most important chapter,the author for virtual property can be inherited to rule out difficult,put forward reasonable Suggestions,bold idea,draw lessons from domestic and foreign legislation system to build the virtual property inheritance system in our country,first of all,the virtual property included in the scope of inheritance,expanding the scope of the heir to the virtual property,the network service provider under certain circumstances,as his heir.Secondly,specify the value evaluation standard,regulate the network service protocol reasonably,and popularize the network real-name system.Foreshadowing for the virtual property can be inherited.Finally the existing network virtual property inheritance custodians to make evaluation,the author thinks that network inheritance custodians should get a good development,give it more sure,at this stage should perfect the government or the development of the network service providers to inherit custody business,for better protection of virtual property of network users to realize virtual property inheritance.