Research On Inheritance Of Virtual Property

With the rapid development of network technology in this world,our society has entered the era of the digital economy under such a background.In daily activities such as work,entertainment,and shopping,people cannot leave the Internet.When people are alive,they are closely connected with the virtual property.However,at the time of human death,many questions such as whether the network virtual property in his lifetime could be inherited,who inherited it,and how he inherited it,have gradually attracted attention in recent years.Academia has been researching more and more deeply from the legal attributes of virtual property to how to carry on the inheritance according to its legal attributes.On the legislative level of the state,Article 127 of the general principles of civil law,which came into force in 2017,for the first time affirmed that network virtual property should be protected in the form of law.Although this article is only an induced provision,it declared the state's protection of network virtual property and provided a legal basis for the provisions of the special law.In the code of succession issued in May 2020,the article 1222 on the scope of heritage is no longer listed.This article is the most direct legal source for the issue of network virtual property inheritance in Chinese civil law at present.However,the network virtual property inheritance is different from the general physical property inheritance,and the only way to expand the scope of heritage is to In the face of the rapid development of Internet technology and social life,the subject,object and procedure of network virtual property inheritance need to be further regulated by separate law or judicial interpretation.The inheritance of network virtual property is different from that of common property.The subject,object and procedure of inheritance need to be regulated by separate law or judicial interpretation.The inheritance law is a law about the inheritance of blood and the redistribution of property interests.It is in line with the legislative concept of the inheritance law of our country to include thenetwork virtual property in the protection scope of the inheritance law,which is helpful to solve the disputes caused by inheritance more comprehensively.From the perspective of inheritance law,starting from the concept and characteristics of network virtual property,according to the current practice of virtual property in China,combining the theory of scholars at home and abroad,this paper proposes a series of suggestions on the way and procedure of virtual property inheritance.The main problems to be solved by this research are:First of all,according to the various views of the legal attribute of the network virtual property,this paper defines and defines the virtual property and other types of property,summarizes its characteristics and classifies them,and then obtains the conclusion that the network virtual property can be inherited.Secondly,it enumerates the current situation of the protection of network virtual property in China,and analyzes the main problems in the protection of network virtual property in China,such as vague legislation,serious arbitrariness in the judiciary,the damage to the legitimate rights and interests of users by network service agreement.Then,by listing the practice of the United States,Germany and other countries and regions in the field of network virtual property inheritance,we can find useful experience that can be used for reference in China.Specifically,there are two points:one is to further clarify the status of network virtual property in legislation;the other is that network operators should play a more specific role in the protection of virtual property.Finally,combined with the situation of Chinese virtual property inheritance in legislation,judicature and social life,this paper analyzes and draws on the experience of extraterritorial in dealing with this problem,and makes a specific system design from five aspects:clarifying the subject,object and method of inheritance,standardizing the evaluation standard of virtual property and solving the ownership of ownerless property.