On The Inheritance Of Network Virtual Property

Article 127 of the general principles of the civil law of the people's Republic of China : "if the law has provisions on the protection of data and network virtual property,according to the provisions",is the official affirmation of the independent status of virtual property at the legislative level,and is also a representative reply to the dispute over virtual property.However,this article does not clearly stipulate the virtual property and other related issues.In the face of the development of the Internet,the law and In practice,the settlement of virtual property disputes is not perfect,especially the inheritance of virtual property.The first chapter expounds the basic legal principles of virtual property,which has three characteristics of usefulness,dominance and scarcity,as well as a new independent legal attribute parallel to real right and intellectual property,The second chapter discusses the inheritability of the virtual property from the necessity,legitimacy,rationality and the controllability of the legal cost through the basic legal concept of the virtual property.On the basis of the inheritability,the virtual property is divided into two types,which have the property attribute and the personality property.The third chapter is the main obstacle of virtual property inheritance and how to overcome it.First of all,from the three aspects of whether there is inheritance clause in the service contract,whether there is room for interpretation of virtual property inheritance,whether the virtual property inheritance clause is invalid due to legal reasons,this paper demonstrates that virtual property is owned by users;secondly,through the relationship between virtual property and privacy,the protection of privacy right after the death of users,and rufadda four level priority system mode,this paper demonstrates that virtual property is owned by users in three aspects Under the premise that the successor's will is the main one,the successor can inherit the hidden part of the user and the part related to the third party as the common property inheritance and keep it properly.Without the consent of the third party,the core of thevirtual property can not be disclosed,and lay the foreshadowing for the electronic testamentary innovation of the virtual property inheritance.The fourth chapter focuses on how to set up a specific virtual property inheritance system which is consistent with the practice of our country.The principle of the closest connection of the inheritors breaks through the shackles of the traditional inheritors.The specialized agencies led by the Internet evaluate and value the property type virtual property.The network operators delete the hidden part of the inheritance and turn over 50% of the economic value and other auxiliary parts to the state Helping system.