Research On The Interest Balance Mechanism In The Inheritance Of Digital Heritage

In the era of digital and information-based big data,we have left a lot of digital information in digital cyberspace,such as account passwords,text pictures,game equipment,virtual currency,files and other personal property in the form of the Internet,as well as online accounts owned by users,and files stored in computers or clouds.Digital information has the dual value of property and spirit.When individuals leave the world,their digital information left on the network becomes digital heritage.In recent years,disputes over digital heritage have become increasingly prominent,and the issue of inheritance of digital heritage has gradually been taken seriously.The issue of inheritance of digital heritage has gradually been taken seriously.Although the Civil Code has officially recognized the status of digital property under legal protection,the law still has no specific provisions on the inheritance of digital property after the user’s death,and the protection is minimal.Secondly,in the inheritance of digital heritage,there are irreconcilable conflicts of interest among the relevant legal subjects,namely,the heirs,the heirs,the Internet industry and the society,which has seriously hindered the progress of China’s digital heritage inheritance.Therefore,it is very necessary to regulate and protect the inheritance of digital heritage in law and build a balance mechanism of interests in accordance with the current situation of our country.Therefore,the construction of a mechanism for balancing interests should be based on the actual national conditions of China,and research should be conducted by organizing and analyzing various theories from domestic and foreign academic circles,using methods such as typological analysis,empirical research,and summary and enumeration.Firstly,define the concept,characteristics,and legal attributes of digital heritage,subdivide its types,and clarify its inheritable scope.Secondly,conduct empirical research on mainstream internet platforms both domestically and internationally.Research has found that in the inheritance of digital heritage,there are irreconcilable conflicts of interest between the privacy interests of the deceased,the inheritance rights of the heirs,the economic interests of internet platforms,and social public interests,which seriously hinder the progress of digital heritage inheritance in China.Finally,analyzing the main reasons for conflicts of interest,examining and drawing on foreign legislation and experience,proposing to improve the interest balance mechanism for China’s digital heritage inheritance,hoping to provide effective suggestions for the inheritance of digital heritage in China.The interest balance mechanism for digital heritage inheritance includes the following points.Firstly,formulate laws and regulations related to the inheritance of digital heritage.Develop corresponding laws and regulations from a legislative perspective to regulate the inheritance of digital heritage and determine the basis of the inheritor’s claim rights.Secondly,balance the interests and demands of relevant legal entities.Standardize internet platform service protocols and prohibit the provision of "one size fits all" exclusion of inheritance;Clarify the rights enjoyed by each subject;Proposing to respect the reasonable privacy expectations of the deceased,specific measures include establishing an electronic will notarization system,setting personalized privacy inheritance pre procedures on internet platforms,and drawing on the legislative experience of the United States to establish a "hierarchical effectiveness" protection system;Establish rules for the timely protection of digital heritage,and propose a 5-year statute of limitations protection rule based on balancing the interests of all parties.Thirdly,reasonable addition of heritage trust services.Establish heritage trust service institutions and allow technology service platforms to charge reasonable fees to adapt to the problems arising from the ever-changing digital technology derivatives in the future.