Research On The Issue Of Network Virtual Property Inheritance

Just as in the real world,people create wealth through their own labor,capital,knowledge or technology and other factors of production,and pass on their wealth to their successors through inheritance,they can also create considerable wealth in the network.The inheritance of virtual property is still a relatively vague problem.How to define the virtual property and its scope,whether the virtual property can be inherited,whether it can be divided,and how to evaluate the value of the undivided virtual property are all problems that need to be studied in detail.This study focuses on the practical obstacles in the process of "virtual property inheritance".Firstly,it combines typical case analysis to draw the thinking and problems of this study.Secondly,it constructs the theoretical basis of this study according to the problems raised by case analysis:concept definition,characteristics,inheritance analysis,and how to evaluate its value.Thirdly,on the basis of literature and cases,this paper summarizes the main problems of virtual property inheritance in China,and finally puts forward some suggestions to improve the path of virtual property inheritance from various angles,in order to achieve the theoretical promotion of virtual property inheritance.The above-mentioned four processes show a successive relationship,which ensures the logical research and fluency of the paper.In addition,it is worth emphasizing that this study pays more attention to theoretical research,using the combination of theoretical research and case analysis.This study can be divided into the following three parts: network virtual property inheritance theory;network virtual property inheritance defects and times dilemma;improve the network virtual property inheritance reasonable path choice.Firstly,it summarizes the connotation,characteristics,legal attributes and inheritance of network virtual property,which lays a theoretical foundation for further research.Secondly,the real problems of the network virtual property inheritance,combined with case analysis of the network virtual property inheritance of the real problems and constraints to make a rational analysis,through analysis found that the inheritance law for the network virtual property inheritance of the degree of systematic protection is not enough,the ownership of the network virtual property is not clear,the network is virtual.The ambiguity of the subject and object of inheritance of the proposed property is a problem in legislation.However,there are some conflicts between the inheritor's proof and evidence preservation,the network service operators' exclusion of the right of inheritance by using the network service agreement,the evaluation standard of virtual property value to be established,the third party mechanism's function not being brought into full play,the right of inheritance and the right of privacy.It is a matter of practice.Finally,the paper puts forward the path choice of perfecting the network virtual property inheritance system,which includes perfecting the legislative construction of the network virtual property inheritance system,standardizing the procedure of network virtual property inheritance,and constructing the value evaluation and division mechanism of network virtual property inheritance.