The Inheritance Of Virtual Property

So far there is no specific and clear stipulation in China's laws and regulations about the issue of the inheritance of network virtual property.The courts also have different processing results for such cases on the actual cases of the virtual property inheritance.In March 15,2017,the general rule of the national law of the people's Republic of China was passed,in which the 127 th article stipulates: "The provisions on the protection of data or network virtual properties shall be abided by." This is the first time that China has incorporated the Internet virtual property into the protection scope of the law with a clear article.Because of the increasing number of new virtual objects in the network world,the definition of the Internet virtual property's scope and category does not adapt to the present social development.The increasing number of disputes of network virtual property has caused many controversies in the theoretical and practical circles.Scholars' theoretical research on Internet virtual property has always focused on one practical issue: whether the virtual property can be inherited and how to inherit it.In the first chapter,this thesis first discusses that network virtual property,which presents the property attributes and is restricted by personal attributes in inheritance law,is different from the traditional type of property integration.There are obstacles in the process of inheriting the network virtual property,such as the unclear ownership of the property,the problem of the non-transferability of the goods with personal interest,and the situation that the inheritance is influenced by the protection of the right of privacy.This thesis analyzes the influence of the complex interaction between property attributes and personal attributes on inheritance in the standard proof process of the network virtual property inheritance to find the value of the reaffirmation of the inheritance object.And the present research also aims to make a preliminary judgement on its ownership according to the relationship between the network service providers and users involved in the generation and circulation of virtual property.In the second chapter,in view of the actual problems in the network virtual property inheritance,the present study regards the personal and property attributes as the classification criteria for the typological analysis of the network virtual property and highlights the special situation that the virtual property with personal attributes can not inherit in succession.This thesis also gives a deep analysis of the typical representative of the virtual property with the personal attributes as well as property attributes;and especially analyzes how to divide and estimate the network virtual property according to its characteristics in the inheritance program.In the third chapter,this thesis will discuss the realistic problems emerging in the process of inheriting the virtual property: to establish the closest contact protection mode to guarantee the rights of the decedents over the protection of the privacy right of the decedents;the validity of the restrictive clause of the network platform should be judged by whether it is unfair or not;to analyze the advantages and possible problems of the hosting platforms that users choose to protect virtual property.And for the above problems,this thesis,combined with the existing system design and theories abroad,will put forward some constructive suggestions and solutions for solving these problems.