A Study On Virtual Property Inheritance

With the rapid development of information network technology and the Internet economy,legal disputes related to virtual property have emerged in an endless stream in my country in recent years.However,due to the lack of legislation,judges often fall into a situation where they cannot rely on related virtual property cases.Inheritance of virtual property is particularly prominent.The Internet economy in today’s era is unprecedentedly developed and has the potential to become the mainstream of the market economy.Especially after my country took the lead in popularizing mobile payment,the conversion between virtual property and real-world property occurs all the time in the streets of our country,and virtual property has gradually become an important part of our national personal assets.However,in my country’s current legal system,the laws related to virtual property are only reflected in Article 127 of the Civil Code of the People’s Republic of China,"If the law has provisions for the protection of data and virtual property,such provisions shall be followed." The definition,scope and protection methods of virtual property are not clearly stipulated.With the passage of time,the number of inheritance cases of virtual property is bound to rise,and the construction of the legal system of inheritance of virtual property in our country is imminent.This paper argues that fictitious property has both economic and spiritual value.When our country conducts legislation,we must not make generalizations.We should determine the subject,object and legal attributes of fictitious property inheritance by categories according to its multiple properties.In addition,this paper also puts forward relevant suggestions on increasing the proportion of operators’ rights in virtual property inheritance cases,increasing the operator’s burden of proof in related cases,giving play to the role of third-party mechanisms,and determining the standards for dividing virtual properties.The article is divided into five parts.The first part is the introduction,which mainly includes the research background,research significance,research status at home and abroad,innovation points and research plans.The second part is an overview of the inheritance of virtual property,including the concept,characteristics,theories and inheritance analysis,which aims to lay the groundwork for the last three chapters.The third part is to analyze the existing problems of our country’s virtual property legal system and judicial practice.The fourth part mainly analyzes the experience of extraterritorial virtual property inheritance.The fifth part,in order to solve the problem,puts forward some suggestions for constructing the inheritance system of virtual property in our country.