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Research On The Inheritance Of Network Accounts

Posted on:2022-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q P GengFull Text:PDF
GTID:2516306722977469Subject:legal
Abstract/Summary:PDF Full Text Request
With the advent of the digital age,online virtual products such as game currency,online accounts,and e-mail addresses in virtual space have gradually occupied people's lives,and online users have invested precious time,energy and money on them.Among them,the one we use most every day is the online account,which is increasingly inseparable in our daily life.At present,no country has legislated the related protection of online accounts.The types of online accounts are complex and their functions are becoming more and more intensive.The academic circles usually study online accounts as the object of virtual property on the Internet.The transfer and inheritance of online accounts is not uncommon,and the law should be prepared for a rainy day and respond to the challenges of new things with an inclusive attitude.The implementation of my country's "Civil Code" also formally stated the position to protect network virtual property.Legal virtual property should be protected by law,but how to protect it has not yet been implemented in the provisions.This article conducts legal analysis on three different types of online account inheritance issues,namely the "Yahoo Mail Inheritance Case" in the United States,the domestic "QQ Album Inheritance Case" and the "Game Account Inheritance Case".Questions to be explored: whether the property and personal attributes generated behind the network account can be inherited.Then learn from the theoretical research on virtual property by domestic and foreign scholars,analyze the definition,property attributes and classification of virtual property,study the network account as the object of virtual property,analyze the fundamental attribute and right ownership of the network account,and consider the network account and the network virtual In fact,the boundaries of property cannot be completely distinguished,and related conclusions are drawn regarding the inheritance of online accounts: the interests generated behind online accounts have the same property attributes as traditional properties,and can be used as the research object of online virtual property.The academic world has always said that the Internet The issue of account inheritance is actually a transfer of control,the core of which lies in the operating authority of the account.Afterwards,through the practical inspection of the inheritance of online accounts in my country,the current legislation and practical obstacles of online accounts in my country are introduced.It is believed that there are three main contradictions in the inheritance of online accounts: the conflict of interest between the heir and the Internet service provider,and the heir's The conflict between inheritance rights and the protection of the privacy and interests of the deceased and the restrictions on the virtual property rights of the deceased by the network service agreement.The close relatives have the right to access the network account of the deceased user.According to the indirect protection of the privacy interests of the deceased by the close relatives,the content of the account is not Public disclosure,so there is no risk of privacy leakage.Finally,through the analysis of the relevant legislation and practical experience of digital assets in the United States,some experience and enlightenment in the transfer of control of my country's online accounts are obtained.On this basis,it is recommended to modify and improve my country's current laws and determine the Rights and obligations are intended to provide some feasible solutions to the problem of inheritance of online accounts in our country.
Keywords/Search Tags:Internet account, virtual property, emotional value, inheritance
PDF Full Text Request
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