Research On The Inheritance Of Network Virtual Property In The Civil Code

With the development of the times and the progress of science and technology,the Internet,which is based on the birth of computer digital technology,has already become an indispensable part of people’s life,thus having a profound impact on people’s production,life and even survival mode.What’s more,due to the continuous improvement of various basic technologies of the network,the network has leapt from its original auxiliary position in the human world to an important part of human society.In a sense,the network has become an extension of the real world.Therefore,the property of citizens naturally breaks the boundary between reality and virtual network,no longer limited to real money and objects,but also includes virtual property of the network.From the perspective of the development process of the law,due to the lag of the law itself and the limitations of the written law,although the legislation on virtual property in China has been continuously promoted,there is still a certain legal gap,so there is still a large space for legislation and theoretical research.Although our country has entered the era of the Civil Code,from the perspective of the current Civil Code,the relevant provisions of the Internet virtual property are still relatively general and general,and the important legal nature and ownership of virtual property are still unclear.As time goes by,once the civil subject with virtual property dies,all kinds of inheritance problems will follow,and the total value of virtual property it holds will exceed ordinary people’s imagination,which is also a problem that almost every civil subject will face in the future,thus highlighting the importance of research on the inheritance of virtual property under the existing legal system.This article will start with the basic concept and characteristics of network virtual property,and explain its appearance and internal characteristics,so as to identify its legal attributes on this basis later.Then,on the basis of the foregoing,the legal nature of the virtual property of the network is recognized by the organic combination of practice,legislation and theory.However,from the perspective of clarifying the legitimacy of its inheritance,it is not enough to just identify the legal nature of virtual property.We should also clearly define the ownership of virtual property before we can further discuss the legitimacy of its inheritance.Next,we will explore the current situation and difficulties of virtual property inheritance on the internet from two aspects:legislative status and judicial practice,and combine specific cases to sort out the five major practical problems faced by the virtual property inheritance system.In the final part of this article,I propose my own solutions and suggestions for the five main issues of virtual property inheritance,in order to promote the development and improvement of the online virtual property inheritance system to a certain extent.