Research On The Inheritance Of Network Virtual Property

The effectiveness of?General Provisions of the Civil Law of the People's Republic of China?provides a principled provision for the protection of network virtual property,pointing the direction for the protection of network virtual property as a subject of civil rights,but the issue of inheritance of network virtual property is not conclusive.There are many uncertainties in its judicial operations.For what is meant by “network virtual property”,there is currently no law in China that defines it.Even the ?General Provisions of the Civil Law of the People's Republic of China?adopted on March 15,2017,it provides protection for data and network virtual property,does not define its concept.The definition of the type of network virtual property,the different types of inheritability,and the network virtual property as the inheritance mechanism involved in the process of the inheritance are still in dispute or blank state in China.In 2005,an American father took Yahoo to the court and asked for the password of his passing son to use his e-mail and got photos,texts and other data stored in the mailbox for his memory.In 2011,the plaintiff asked Tencent to surrender its QQ account and password to commemorate her late husband,while Tencent insisted that the ownership of the QQ account belongs to the company,and the user only has the right to use it.In 2015,a Taobao shop owner died of illness,and two inheritors disputed the rights of Taobao Store and Alipay account,finally filed a lawsuit with the court.In 2018,Mr.Liu of Jiangsu Province transferred the mobile phone number used by his father to his own name in the form of a notarial certificate.It can be seen that with the further deepening of the Internet,the Internet is no longer just a medium for information transmission,but more often carries the material and spiritual world of a person.Weibo and QQ numbers should not be used only as social software developed by Tencent.Taobao stores should also have the same property rights as physical stores.Facing the relevant cases of network virtual property inheritance in judicial practice,it is important to clarify the scope of inheritability,inheritance methods and ways,and construct a reasonable inheritance system of network virtual property,which is of great significance for us to improve the protection of civil subject rights.While the network virtual property and the physical property have the same attributes,there are also many special points.First,network virtual property can exist in the form of material wealth,such as virtual currency,equipment in the game,tasks,skills,and certain accounts with special levels.These virtual assets are virtual goods that exist in the network.They can exchange with real money.This is the closest kind of network virtual property to the existing property inheritance mechanism.Secondly,the network virtual property can exist as a spiritual wealth,and become a inheritable property with its unique symbolic meaning,such as photos,texts,etc.in a personal social account.Finally,the network virtual property also has the right part of the nature,such as the management rights of Taobao stores,the use rights of network writer accounts,etc.The particularity of the network virtual property determines its connection and difference between that and traditional inheritance.This question relates to the legal validity of the rights restriction section in the agreement signed with the third-party operator before inheritance.It also involves the protection of the rights and privacy of the heirs,and the scope and manner of inheritance rights of the heirs.And as a virtual property of the inheritance,how to achieve the equivalent conversion between the actual value and virtual property,achieving the distribution among multiple heirs.At present,most of China's research on network virtual property is still in the traditional theoretical field of rights attribute and protection scope.There are not many systematic researches on network virtual property inheritance,and there is no comprehensive organization and induction,lack of specific procedures.This paper focuses on the overall inheritance process of network virtual property,and regards it as a civil rights object,which is connected and compared with ?Law of Succession of the People's Republic of China?,analyzes and discusses its particularity,combines Chinese national conditions and existing systems,and research on specific procedures in the process.