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Research On The Attribution And Inheritance Of Network Accounts In Virtual Property

Posted on:2020-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:X QiFull Text:PDF
GTID:2416330572991839Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of network technology,network life has become more and more important in people's lives.With the blurring of the boundary between real life and virtual network,new things and fields derived from network technology have gradually been paid attention to.Among them,virtual property,which condenses netizens' time,energy and money,is undoubtedly the representative of new things on the network.In recent years,virtual network property has been entangled.With the increasing number of cases,our country also attaches great importance to it.Article 127 of the General Principles of the Civil Law of the People's Republic of China newly promulgated in 2017 also protects virtual property: "The protection of data and network virtual property is stipulated by law,in accordance with its provisions." However,this article simply puts forward the protection of virtual property,how to protect it specifically and whether the property can be inherited after the death of the owner of virtual property.There are not many references in law and practice,especially in the inheritance and ownership of network accounts in virtual property.In view of this,starting from the real cases in judicial practice,this paper briefly describes the meaning of network account,analyses its legal and property attributes,and determines that it belongs to a type of virtual network property.The legal attributes of network account should be defined as a new type of property.By analyzing the service clauses of network technology companies,it proves that it belongs to the format clause and is illegal.The right should be owned by the user of the account.From the perspective of protecting the privacy of the deceased,it isproved that the heirs can better protect the privacy of the deceased's account.Network technology companies can not only protect the privacy of the account,but also refuse to inherit the network account.This paper discusses the inheritance of the network account from two aspects of the feasibility and necessity of the integration of the account,which is a case of virtual network property disputes.Provide some reference,safeguard the legitimate rights and interests of citizens,and provide legal advice for the healthy development of network science and technology.
Keywords/Search Tags:Network Account Attribution, Network Account Properties, Terms of service, Rights of privacy, Network Account Inheritance
PDF Full Text Request
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