An Analysis Of The Legal Issues Of Inheritance Of Network Virtual Property

The role of internet in people's lives is enormously effective increasingly in nowadays.When we enjoy the pleasure and convenience of life in the information age,a series of legal issues are created at the same time.The study of virtual property relevant legal system of civil law has already become one of the focus problem in civil academic.In the the draft of Civil Code which is announced in June 2016,virtual property is confirmed as the object of real right for the first time.But it is deleted in the second draft in November of the same year.The hesitant altitude about how to define the virtual property in the draft reflects the current problems in the definition of virtual property in China.The legal protection problem of virtual property inheritance is the purpose of this paper.Some related cases about virtual property inheritance are introduced in the introduction section of this article by case analysis,and the legal issues of virtual property inheritance is lead out through the introduction of the research about virtual property legal system of scholars.In the first chapter of this paper,I introduce the the meaning of virtual property is analyzed by defining the definition,features and types of the virtual property.At the same time,further analysis of the necessity about virtual property inheritance in China is discussed.In the second chapter,I introduce the current situation of the legal protection of virtual property inheritance in our country,and the existing legal problems of the virtual property inheritance are led out.Meanwhile,some main flow theories of China's academic circles about how to define the attribute of virtual property are introduced,including real right,creditor's rights,intellectual property rights and new property right.The key problem in virtual property inheritance in this paper on how to define the attribute of the virtual property is led out.Then,this paper introduces the regulations and measures in United States,Korea and Taiwan of our country in related to virtual property inheritance by comparative analysis.In the last part of this article,based on the analysis of the law of inheritance law and property law,the author analyzes the key issues of how to define virtual property.Before summing up the outstanding achievements of many scholars,and the main point of view that virtual property can be defined as the object of physical property and can be incorporated into the scope of the estate is concluded.Meanwhile,through the comparison with the traditional property inheritance system,the author puts forward the concrete measures to construct the legal system of the virtual property inheritance.Subsequently,this paper gives a solution to the problem of the elimination of virtual property inheritance by network service agreement by the method of comparative analysis,and put forward that the virtual property value can be calculated by mainly using social necessary labor time with compounded application of the market price and user's cost.Through the discussion of these problems,this paper gives the specific mode of operation,perfect the inheritance legal system.