Research On The Issue Of Network Virtual Property Inheritance

The development of network technology has brought about the rapid development of the network virtual property industry.In recent years,there have been frequent cases of network virtual property inheritance and the clear legislation in this area is close to blank.Institutional exploration,but in the context of a lot of uncertainty in theory and practice,it has been slow to produce systematic theories or suggestions.First of all,the research on Internet virtual property in the existing literature has not been clear since the term was introduced literally,and the General Principles of Civil Law only proposed and did not explain it.The author believes that combining practice with whether it has spiritual value The demarcation boundary as network virtual property is practical.Internet virtual property lacking spiritual value is similar to the inheritance of traditional property when inherited,which is determined based on its property characteristics.Internet virtual property with spiritual value should be specially divided because of its irreplaceability.Among them,compared with traditional property inheritance,the participation of inheritance involves a special subject network operation service provider.This is the biggest difference from traditional inheritance.At the same time,the object,evaluation method,delivery method and division method are also very different from traditional inheritance.Based on the research of the social practice and the rule of law,the research on network virtual property with legal attributes and inheritability is the basis of this article.Secondly,South Korea,the United States,Germany,and the United Kingdom have made some achievements in exploring the network virtual property system in combination with their national legal systems and national judicial practices.On the whole,although each country has established its own system,based on the unequal agreement relationship between users and network operators in practice,all countries tend to protect the rights and interests of users more.In terms of system construction,it also experienced the process of clarifying the legal status of online virtual property before proceeding to build a value evaluation mechanism,and then ensuring the appropriate participation of third-party institutions.Thirdly,for our country,the online virtual property has only the "General Principles of Civil Law" clearly stipulated the property in the legislation,but there is no clear stipulation of this concept in the search of statute law.It is difficult to determine it from the jurisdiction of the case.Regulation in the traditional jurisdiction system also has multiple jurisdiction possibilities.In practice,there are three “big mountains” of network virtual property inheritance,and network service providers use format terms to avoid liability,difficult to evaluate property,and difficult to determine the ownership of unowned property.These three big mountains are difficult for the existing system.Solve practical problems.Finally,based on the exploration experience of other countries and the actual situation in China,the way of legislative continuation of clear confirmation of its status in legislation and the introduction of judicial interpretation or case guidance is an effective way consistent with the rule of law in China.In the face of special subject network service operators,they must not only clarify their responsibilities and obligations,but also pay attention to balance to avoid waste of social resources.Establishing the evaluation and vesting rules of network virtual property inheritance also needs to give full play to the market's management functions under the guidance of the market.The evaluation requires the establishment of a value evaluation system in which users,network operators and government agencies collaborate to make judgments.Accurately implement assessments.In terms of ownership of online virtual heritage,the enthusiasm of the market and individuals can be enhanced through the "heritage manager" system,which is supplemented by standardized procedures to ensure the success of online virtual property through state power.