Research On Legal Issues Of Network Virtual Property Inheritance

The booming Internet technology has spawned a variety of network virtual assets.China's law does not explicitly stipulate the inheritance of network virtual property,and its inheritance system is still in the exploration stage,which leads to many problems in the inheritance of network virtual property.Firstly starting from the compilation of the Civil Code,this paper briefly summarizes the concept,characteristics,types and rights attributes of the network virtual property in accordance with the provisions of the current General Principles of Civil Law and the Law of Inheritance,On the basic theory of network virtual property,the legitimacy of network virtual property inheritance is discussed.Secondly,by studying the status of inheritance of network virtual property,it is found that the inheritance of virtual property has the following main problems: the inheritance subject is difficult to define,the inheritance object is difficult to define,the property value is difficult to evaluate,the inheritance right and privacy conflict,the service agreement and the traditional inheritance system conflict,network virtual property heirs have difficulty in proving.and these problems make the traditional inheritance system not fully applicable to the inheritance of the virtual property of the network.Next,after investigating the networks virtual property inheritance system of extraterritorial,this paper draws the conclusion that China needs to establish a network virtual property trusteeship system and clarify the legal status of network virtual property.Finally,on the occasion of the compilation of the Civil Code,this paper puts forward the following suggestions for constructing the inheritance system of the network virtual property: clarifying the content of the network virtual property inheritance system,clarifying the rights and obligations of network operators,and Increasing the auxiliary mechanism of network virtual property inheritance.The auxiliary mechanism and so on.Incorporating network virtual property inheritance into China's legal system will help solve the growing number of network virtual property inheritance disputes,improve the structure of China's inheritance system,and guide the judicial practice of network virtual property inheritance.