Research On The Inheritance System Of Network Virtual Property

With the development of Internet information age,people's daily social activities are gradually transferred to the network,and the proportion of time-consuming on the network is growing.Therefore,many users' assets and information will be stored in their network accounts.With the development trend of the aging of the Internet users,the number of cases related to the inheritance of network virtual property is increasing gradually.However,at present,the general principles of civil law only classifies the network virtual property into the category of object protection of civil rights,and does not mention the content of inheritance.The civil code of the people's Republic of China adopted on May 28,2020(hereinafter referred to as "the Civil Code"),and its inheritance part does not involve the inheritance of network virtual property.Therefore,it is impossible to provide legal basis,and there are many problems when judges deal with the cases of network virtual property inheritance.In this paper,first of all,by combing the concept and characteristics of the network virtual property,the different views of scholars on the legal nature of the network virtual property are analyzed,so as to define the property right attribute.Then,in the analysis of the basic theory of network virtual property,it expounds that it is inherited to meet the needs of the development of the times,and it is in line with the characteristics of heritage,which can be adapted to the content of inheritance law.Secondly,it further analyzes the current situation andpractical disputes of legislation,judicature and industry regulation in China,and summarizes the following problems to be solved in the inheritance of network virtual property: the subject of the right of network virtual property is fuzzy,the conflict between the inheritance of network virtual property and the right of privacy,the unreasonable restriction of the inheritance right by network service agreement,and the uneven distribution of the burden of proof for the successor of network virtual property Balance,network virtual property value evaluation mechanism needs to be improved,and it is difficult to deal with the network virtual property without inheritance.These problems lead to the obstacles of most network virtual property inheritance.Thirdly,by summing up the legislation and judicial practice of Internet virtual property inheritance in other countries with developed Internet technology,the paper summarizes the advanced experience in line with the actual needs of our country.Finally,it summarizes the rationalization conception of improving the inheritance of network virtual property in our country: making clear the ownership of network virtual property right,coordinating the conflict between inheritance right and privacy right,perfecting the regulation way of network service agreement,improving the proof system of network virtual property,establishing the evaluation mechanism of network virtual property value,and perfecting the management system of network virtual property without inheritance.