Research On Determining Scope Of Virtual Property Inheritance

It has been nearly twenty years of conducting theoretical research on virtual property,but there is still a great controversy about its legal essence because of the complex structure of rights,and the theoretical divergence cannot be resolved in a short time.More than this,the research ideas which emphasizing theory research and Ignoring empirical research cause less achievements and can’t meet the people’s judicial requirements.Where is the breakthrough Under the circumstances of theoretical research on standstill?So the author tries to make a breakthrough from another perspective,reviews the empirical research methods and classifies virtual property inheritance with Maslow’s hierarchy of needs theory.Select scope of virtual property inheritance as research object which is the most important part of virtual property inheritance.Based on that,puts forward the legislation judicature proposal by analyzing of difficulties in practice and exploring the internal reasons and referring foreign experiences.The article is divided into five parts for writing.The first part:Introduction.Describes the contradiction of judicial requirement and supply,points out the deviation of research methods which emphasizing theory research and Ignoring empirical research,puts forward the research object and research method,Combs literature domestic and abroad.The second part:Rethink profoundly on the theory of virtual property inheritance.’Scope of Virtual Property Inheritance’ is the result of the contradictory movement between Internal and external forces,on the basis this thesis determines the logical structure.The essential meaning of the virtual property is the logical starting point of scope of virtual property inheritance,and it selects typology research as the breakthrough and classifies virtual property inheritance in the form of ’Account+contents’ with Maslow’s hierarchy of needs theory.The third part:The practice view on scope of virtual property inheritance.By empirical research it analysis current situation in legislation and judicature and practice of virtual property inheritance,describes the scenes of difficulties on practice and analyses the reasons.The fourth part:The exploration of virtual property inheritance aboard.Combing the literature and advanced experience about USA and Germany and France,based on this explores the new way to solve the problems.The last part:The countermeasure of determining the scope of virtual property inheritance.Putting forward the legislative suggestions and judicial suggestions,such as how to choose legislative model,how to Judge inheritance scope,how to judge the validity of terms of service agreement,etc.The innovation about this thesis is corrects the deviation of research methods which emphasizing theory research and Ignoring empirical research,and puts forward the legislation proposal and judicature proposal to meet the people’s judicial requirement.