Research On Issues Of Inheritance Of Network Virtual Property

The rapid development of the Internet economy has led to an increasing number and types of network virtual property,and the inheritance of it has become an inevitable requirement of social practice.However,it has its particularity and complexity,the response of theoretical and practical circles to it is obviously insufficient,not to mention specific inheritance issues such as inheritability,inheritance scope,inheritance conflict and so on of it.The study on it in the theoretical community is basic,such as the concept,nature,classification and other issues of it,there is no consensus and practical application value;At the same time,the current legislation only places network virtual property within the framework of civil law protection in Articles 127 and 1122 of the Civil Code of the People’s Republic of China,but does not clarify the specific inheritance of it.Therefore,the research on its inheritance is significant both theoretically and practically.The insufficient legislation has caused its inheritance to face three major dilemmas: "ambiguous inheritability of it","unclear scope of its inheritance",and "multi-subject conflict of interest in its inheritance".Among them,the inheritability is the premise of studying the inheritance scope,and both are the basic issues.Firstly,this paper argues the "legality" and "property" of it from both legal and practical aspects,and determines that it is inheritable.Secondly,combined with relevant theories and judicial applications,the influencing factors of the inheritance scope are quantified,and then the inheritance scope definition rules of "limited to its ownership ","considering its particularity " and "premised on virtuality,legality and property nature" are proposed.Thirdly,this paper analyzes the legal relationship and conflict between its inheritance,agreements and user privacy protection in view of the conflict of interest in its inheritance,and explores the balance path between them by drawing on the relevant legislation and judicial practices of extraterritorial inheritance.Finally,combined with the above three major problems,this paper puts forward three major suggestions: "expanding the scope of inheritance","establishing the basic principles of its inheritance" and "constructing specific norms for its inheritance".