Research On The Legal Issues Of Virtual Property Inheritance In China

With the rapid development of Internet technology,people's spare time life has been greatly enriched.At the same time,the disputes of virtual property inheritance inevitably appear,and the demands for protection are increasing.Article 127 of the general principles of the civil law of the people's Republic of China,which came into effect in 2017,has made provisions for the protection of virtual property for the first time.Although this provision only has the function of declaration and guidance,and does not specifically define the legal attribute of virtual property,the article recognizes that virtual property can be included in the scope of civil law protection,which has important social value and legal significance.In recent years,more and more scholars begin to pay attention to virtual property,from the early attention to the concept of virtual property to the deep research on other areas of virtual property.On the basis of Internet technology,a huge virtual property system has been born.For this new thing different from the traditional property category,we need to further understand and understand.How to correctly define the nature of virtual property and solve the inheritance dispute of virtual property has become an urgent problem.Based on the practice of virtual property inheritance in our country,this paper divides the article into five parts by using literature analysis and case analysis.The first part is the introduction.This part expounds the development trend of Internet industry in China,combs the legislative process of virtual property in the general principles of civil law,clarifies the realistic background of the urgent need for legislative protection of virtual property inheritance in China,then briefly explains the practical significance of virtual property inheritance,analyzes the relevant research status at home and abroad,and finally lists the research content and research methods of this paper.The second part of the article is an overview of virtual property inheritance.First of all,the article leads to the following through two small cases.It is clear that this paper uses the broad concept to study the inheritance of virtual property,and then introduces four types of virtual property.Based on the in-depth analysis of virtual property,it is clear that virtual property has four characteristics,namely,value,scarcity,virtuality and dependency.Then,the article focuses on the definition of the legal attribute of virtual property in practice,through the analysis of four mainstream theories in academic circles one by one,puts forward the view that this paper supports the object theory of virtual property.Finally,the paper analyzes the necessity of virtual property inheritance from four dimensions.The third part is the interpretation of the dilemma of virtual property inheritance under the traditional inheritance system.Because of the absence of the legislation of virtual property inheritance,there is no specific clause to deal with this kind of dispute in the judicial practice.The judge mostly exercises the discretion,and the same case gets different evaluation.In this paper,through the analysis of the actual situation,we find out the four difficulties of virtual property inheritance in China.The fourth part is the response to the dilemma of virtual property inheritance in China.This part starts from the reality of our country,fully links up with the problems raised in the previous part,one by one,and gives its own solutions.The fifth part is the conclusion.Under the background of the continuous development of Internet technology,the disputes about the inheritance of virtual property are increasing day by day.To ensure the smooth inheritance of virtual property is not only the need of practice but also the need of society.For the legislation of virtual property inheritance,China is still in the exploratory stage.Article 127 of the general principles of civil law is a brave attempt to protect virtual property.With the deepening of the research on the inheritance of virtual property and related theories,all the problems will be solved one by one,and a complete inheritance system of virtual property will be established eventually.