A Study On The Legal Problems Of The Inheritance Of Virtual Property On The Internet In China

With the development,the network produce a new type of property---online virtual assets.The inheritance problem is more and more common in real life,because of the absence of the law.And there are many realistic obstacles in succession,which makes the network virtual property inheritance in an embarrassing position.In this background,the author thinks that for the consideration of maintaining economic stability,protecting of virtual property value,such as emerging industry development,the network virtual property should be brought into the scope of "inheritance law" as soon as possible.Only in this way,can it be beneficial to a better socialism country under the rule of the law,reducing the occurrence of social contradictions accordingly.This article is divided into four parts.The first parts are the questions.In this section the author introduces the typical cases and problems in the judicial practice of network virtual property inheritance in order to expound the background of the inheriting network virtual property.The second parts are the points saying that the network virtual property can be inherited.First of all,in Exploring the question of inheritance,the paper has discussed the concept of network virtual property,Then it demonstrates that network virtual property conforms to the heritage characteristics and can be inherited.The third part of this paper introduces the main obstacles of virtual property inheritance in China.It includes the obstacles in legislation and reality,which involve the obstacles from network operators,such as removing users' rights by network service agreement and limiting inheritance in the name of protecting "privacy right",as well as the obstacles such as users' difficulty in proof,value evaluation and segmentation,etc.,Also it is clear that the legislation of virtual property inheritance is urgent.The fourth part makes a detailed analysis of the obstacles faced by the third part in order to solve the legal problems of network virtual property inheritance in China.