Research On The Inheritance Of Network Virtual Property

In the 21 st century,people's possession of virtual property has become a common phenomenon in life.Many people have begun to think about whether these virtual properties in our daily lives really belong to us,and these virtual properties are inseparable from our lives.Whether we can be inherited by our close relatives after our death.Due to the virtuality,interconnectivity and permanence of network virtual property,it will face some obstacles in inheritance.At present,Article 127 of the "General Rules of Civil Law" of our country stipulates: "The law provides for the protection of data and network virtual property.According to its provisions," On this basis,the virtual property of the network should be protected by civil law,but no law has specific provisions for the protection of virtual property,especially the " Inheritance Law ",which is within the scope of its inheritable heritage.The special property type of virtual property is not included,so the inheritance of virtual property in the network often faces the dilemma of no legal basis in practice.In contrast,some countries and regions outside the domain have formed some more advanced inheritance of virtual property in the network.In view of the fact that China has no clear legal provisions in this regard,this article proposes a conception of the network virtual property inheritance system based on some advanced foreign practices.This article studies the virtual property of the network and its inheritance based on law and theory.The first is the introduction.The second is an overview of the basic problems of virtual property inheritance in the network.The overview mainly discusses the basic concepts,characteristics and manifestations of virtual property,and then analyzes the virtual property from the two aspects of the property and legality of virtual property.Inheritable.Then,it reflects from four aspects that China still faces many problems in the inheritance of virtual property.For example,operators exclude the inheritance of virtual property through agreements,the value of virtual property is difficult to determine,the proof is difficult,and the conflict between the inheritance of virtual property and the protection of user privacy Wait.Thirdly,it elaborated the inheritance practices of some countries and regions on virtual property on the Internet.By comparing the successful experience of foreign countries,it puts forward suggestions for improvement.China can learn from advanced foreign practices in the construction of virtual property,first of all in the Civil Code In the succession series,the virtual property is clarified and incorporated into the current legal system,and the various links of virtual property inheritance are strictly refined in conjunction with judicial interpretations,in order to lay the foundation for the future development of relevant legal systems in China.Finally,the conception of the network virtual property inheritance system is put forward.In constructing China's relevant system,the first issue is to determine the object,subject and inheritance process of inheritance.After these issues are clarified,the relevant system should emphasize that the network service provider is in the virtual In the process of property inheritance,the role and obligations should be gradually improved.In this process,the user's rights awareness is gradually improved,and a third-party auxiliary system is established to escort the successful inheritance of virtual property.