Inheritance Of Virtual Property In Network

The development of Internet information technology has given birth to many network derivatives and the term of network virtual property has also come into being.Article 127 of the Civil Code of the People's Republic of China(hereinafter referred to as the Civil Code)guarantees the protection of online virtual property,which means that this type of property has become an inevitable topic in people's life.However,this principle does not provide valuable guidance for real disputes.With the gradual aging of Internet users,the inheritance of virtual property arises at the historic moment.Article 1122 of the Civil Code provides a legal basis for the inheritance of network virtual property,but there is no specific inheritance rules and systems,resulting in many problems.Therefore,in order to better protect network virtual property and give full play to its value,this paper tries to sum up the main controversial issues in the inheritance of network virtual property from typical cases in reality,so as to carry out legal analysis and try to put forward corresponding suggestions for improvement.This paper mainly analyzes from the following aspects: In the first part,it briefly introduces three typical cases and summarizes the focus of the dispute.The second part focuses on the legal analysis of the controversial focus,trying to analyze the current network virtual property inheritance problems.As to whether the network virtual property can be inherited,this paper first analyzes the legal legitimacy of the network virtual property,and then analyzes the general characteristics of the network virtual property.The second bone of contention is whether Network Service Protocol can be a reason to block succession.Firstly,the article affirms that the clause restricting inheritance belongs to the standard clause,and then draws the conclusion that the clause restricting inheritance is invalid according to the relevant judgment rules.At the same time,it further demonstrates the irrationality of the clause by analyzing the necessity of its inheritance.The third focus of the dispute is how to evaluate and divide the value of network virtual property in terms of the specific inheritance method,which is also the key and difficult problem facing the inheritance of network virtual property at present.Firstly,this paper analyzes the factors that affect the evaluation of virtual property,and then points out the difference between virtual property and traditional property in the division and the personal dependence of virtual property should be considered in the division.The last part puts forward some suggestions to clarify its legal status through judicial interpretation.In a word,on the premise that the inheritance disputes of network virtual property are increasing and not well resolved,in order to ensure the legal inheritance of network virtual property,it is necessary to make corresponding adjustments to the law.The purpose of this paper is to analyze the obstacles existing in the inheritance of virtual property in the network,so as to put forward the corresponding suggestions for improvement,solve the current practical problems,and make a modest contribution to the improvement of China's legal system.