Research On Inheritance Of Virtual Property

The development of network virtual property has broad prospects.The formulation and promulgation of the Civil Code has laid the foundation for the network virtual property inheritance system.It is the purpose of this paper to study the difficulties in its inheritance and provide suggestions for the inheritance of network virtual property.Based on the research background and literature review,this article intercepts and analyzes more than 400 judgment documents on Peking University's magic weapon and unlitigated online,summarizes the difficulties of virtual property inheritance,draws on the legislative protection of various countries and regions,and tries to find solutions.Ideas.This proposition is discussed in four parts,the specific content is as follows.The first part is a review of the current status of virtual property on the network.This part is divided into four parts for specific explanation.First of all,through the statistics of the scale of Internet users and the data of various network users,it is found that with the explosive growth of Alipay users,WeChat users,video website users and shopping website users,the number of online virtual properties is huge.The broad market demand makes online transactions more and more frequent,creating a large number of online virtual property trading platforms and generating summary conclusions.Online virtual property inheritance is currently in a state of ambiguous law.The succession series does not stipulate the specific content of the network virtual property inheritance,but indirectly recognizes that he can be the object of inheritance.The second part discusses the problems in the inheritance of virtual property in my country's network.The main problems are difficult to determine the subject of inheritance,unknown inheritance object,the exclusion of inheritance by account agreement,difficult evaluation of value,conflict between inheritance rights and user privacy,and difficulty of proof by the heir.The third part is the extraterritorial protection and enlightenment of network virtual property inheritance.In examining the protection practices of the United States,the United Kingdom,Japan,and South Korea,the author believes: attach importance to the legal status of virtual assets,use the current legal system to protect online virtual property,exert the power of private institutions,and issue relevant judicial interpretations as soon as possible.The fourth part is the solution to the problem of network virtual property inheritance.On the basis of referring to Articles 127 and 1122 of the "Civil Code of the People's Republic of China(Draft)",we look for legislative support for virtual property,andthen seek ideas for solving the inheritance problem.First of all,the subject of inheritance of network virtual property,the object of inheritance,the content of user agreement and the treatment of network virtual property without inheritance are clarified through legislation;second,the process of network virtual property inheritance is regulated,the burden of proof is reasonably allocated,and the network virtual Solve the procedural issues such as the way of dividing the property;again,establish a scientific system of network virtual property value evaluation system to solve the problem of difficult network virtual property evaluation;finally,implement the network real-name system and balance the conflict between inheritance rights and the privacy of the deceased in value orientation.