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Inheritance Of Digital Heritage In China

Posted on:2014-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ShenFull Text:PDF
GTID:2256330401458776Subject:Law
Abstract/Summary:PDF Full Text Request
The advent of the information age, people’s way of life has undergone tremendouschange, QQ, micro blog, E-mail, Web store, online games and other network productscontinue to emerge, and gradually occupy an important part of our daily lives, become anessential spiritual food. The digital industry has revealed a great deal of value to become anew economic growth point. These digital assets cost network users a vast energy, as well aseffort and money, which are not only has a certain economic value, but also contains asentimental value can not be ignored. However, the development of the times brings thetraditional legal system with a huge challenge. When the "law of succession" promulgated in1985in the face of the digital heritage20years after is clearly stretched-with the death ofnetwork users, these digital heritage encounter legal gaps. The users’ legitimate rights andinterests have been infringed because of lacking of appropriate legal relief. The long run willbe shackles on the path of the Internet industry development. The rise of network industrycalls for legislation to support and protect the digital assets. Digital inheritance propositioncalls for an in-depth study. It will be a great significance for network operators and for themajority of network users on this issue.The academic world has not a few research on the digital property attributes, but theconclusive is not out yet, digital inheritance are extremely rare, the succession still has a longway to go to achieve the digital heritage.In view of the Law of Succession’s amendment is around the corner, the article looks atChina’s growing number of cases in digital inheritance disputes, analysis the existence ofobstacles in digital inheritance from the case, defines the digital nature of the property fromthe theoretical level, referring to foreign relevant legislation and response measures,demonstrates the necessity and feasibility of building digital inheritance system from a systemperspective and try to put forward my own programs, offer advice and suggestions to the Lawof Succession’s amendment.
Keywords/Search Tags:digital assets, digital heritage, inherit
PDF Full Text Request
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