Research On Legal Problems Of Internet Virtual Property Succession

With the advent of the Internet plus era,China's digital economy has developed and prospered.People's recognition of the value of virtual property in the Internet has gradually been recognized.The inheritance of Internet virtual property has also become a hot topic,and many cases have also appeared in practice.But as a new thing,network virtual property has its own particularity,so the concept,legal attributes and classification of network virtual property are controversial in academic circles.There is a legislative gap in the inheritance of network virtual property.There are no legal provisions on whether network virtual property can be inherited,the scope of inheritance,procedures,valuation,division and so on.Article 127 of the General Principles of Civil Law provides a legal opportunity for perfecting the inheritance of virtual property on the Internet.Network virtual property can be totally dominated and used side by side,so it belongs to the nature of real right.At the same time,it can be divided into personality type,property type and mixed type.Although it has the characteristics of invisibility and network dependence,it is different from traditional property,but because of its property value and spiritual value,and has been tried in practice,so it is not in theory.In practice,it is legitimate to include virtual property in the scope of inheritance.However,there are some obstacles in the inheritance of network virtual property.For the network service protocols that restrict users' inheritance rights,they should be treated differently according to different types of network virtual property and should not be totally invalid.It is necessary to balance the interests of both sides of the Internet.At the same time,network virtual property involving users' personal privacy should not be included in the scope of inheritance.Secondly,in the inheritance process,the evaluation and segmentation of virtual property on the network should take into account the comprehensive consideration of market supply and demand,input cost and influence.At the same time,we should innovate the segmentation methods,such as replication,download and joint login.Finally,in order to protect the process of network virtual property inheritance,the burden of proof of the heir also needs to be redistributed.The heir only bears the preliminary burden of proof.The rest of the proof is entrusted to the network operators.At the same time,the role of the third party network heritage trustee and notary organ should also be given full play to play the role of protection.