Research On Legal Issues Of Virtual Property Inheritance

Today's society has stepped into the era of “Internet+”,and virtual property is one of the new things that the rapid development of the Internet has spawned.The issue of virtual property inheritance has attracted wide attention with the increase of cases in practice.Regrettably,the lagging nature of legislation has made our country's law not yet given a clear solution.The “General Provisions of the Civil Law” recently enacted has made principled provision for virtual property in order to meet the needs of the Internet development and the era of big data,but this is far from meeting the legal requirements for solving the problem of virtual property inheritance.By demonstrating the inheritable nature of virtual property,this paper analyzes and solves the main obstacles of its inheritance in theory and practice,and puts forward feasible suggestions on legislation and practice so as to be beneficial to the perfection of the legal system of the inheritance of virtual property in our country.The first part is an overview of virtual property.By clarifying its meaning,it shows that virtual property is a new type of property under the network technology paradigm.Through the study of generalized virtual property,we can clearly define its intangible,interconnected,relatively independent,and value-added characteristics.It can be divided into virtual asserts of similar items in online games,virtual currencies and virtual assets of accounts.The second part demonstrates the inheritability of virtual property.The property of the virtual property makes it fit with the traditional property system.It is a new manifestation of property.The formation,acquisition and content of virtual property all meet the requirements of legality.Therefore,virtual property belongs to the legal property of the citizens.It conforms to the definition of the inheritance in “Law of Succession of the People's Republic of China ”and can be the object of inheritance.The third part analyzes the current situation and problems of our country's virtual property inheritance.In legislation,China's laws concerning virtual property are relatively scattered.The “General Provisions of the Civil Law” has only one declarative term and judicial practice lacks uniform standards.The hindrance of the inheritance of virtual property includes the undefined definition of its legal attributes,the restriction of the user agreement on inheritance,and the conflict between the privacy protection of the user and the inheritance of the virtual property.The fourth part puts forward suggestions for the construction of virtual property inheritance system.First,rely on legislation.Through judicial interpretation,or the compilation of the succession of the civil law code,incorporate virtual property into inherited objects.When conditions are developed,it is advisable to carry out special legislation on virtual property.Second,before the introduction of relevant legislation,design the specific system of virtual property inheritance with the practical foundation laid by the user agreement: the determination of inherited objects should be combined with the classification of virtual property and the user's personal wishes;the determination of subjects of virtual property inheritance can be provided adjustment space in the inheritance order;the inheritance procedure depends on the pre-set of the user agreement and the cooperation between the network service provider and the successor in succession;it is necessary to combine the division of the heritage with the technical characteristics of virtual property and perform it under conditions that satisfy its maximum utility.In addition,through the continuous implementation of the network real name system,the promotion of the virtual property notarization business,the strengthening of the service provider technology and the development of the trusteeship service,it provides a more perfect auxiliary for the inheritance of virtual property.