The Research On Inheritance Of Network Virtual Property

Standing in the historical perspective of the world we live today,the Internet and its development can be regarded as the climax of the third technological revolution,profoundly affected the development of the world economy and changed our lives.The Internet has penetrated into every corner of our lives.Our network virtual property which exists in the network space and its transaction continue to accumulate.So disputes began to appear.There are some hot questions,such as “If you die one day,how to do with your QQ,Weibo,WeChat? What about WeChat’s wallet and the big sword in the online games?”,which raised people’s thinking.Our current legal system is not perfect.There is no explicit provision for the inheritance of network virtual property.So we can’t give a legal conclusion.At the same time,there is no uniform standard and clear basis for the trial of virtual property disputes.In this paper,some typical cases lead to the problem.This article elaborated on the basic theory and advanced foreign legislation,and then comments on the construction of the network virtual property inheritance system in China.This article can be divided into four parts:The first part is the issue to be discussed.This article shows three cases to draw forth the issue which this article is going to discuss.The second part is the necessity of the virtual property inheritance.From the aspects of economic value,spiritual value and social needs,the paper points out that the network virtual property should be included in the category of heritage.The third part is the concept and classification of network virtual property.The article summarizes various views of academia.In the academic circles,the network virtual property is divided into broad sense and narrow sense.Next,the article analyzes the concept of virtual property from the theoretical point of view,and summarizes the characteristics of network virtual property.Then the article divides the netwrok virtual property into the property interests and the personality interests.This classfication has laid the groundwork for the following.The fourth part of the article describes whether the network virtual property is the legacy.In order to solve this question,We must first address whether the network virtual property belongs to the property protected by the existing law.This paper expounds the different view of academic circles.The author think that the network virtual property belongs to the property of the current legal propection,and the network of virtual property can be included in the scope of heritage.The fifth part is the construction of network virtual property inheritance system.This part is the most important part of this paper.In this paper,we will get some inspiration from the foreign legislation.Then,according to the actual situation of our country,the system construction is carried out from the aspects of the subject,object and method of the network virtual property inheritance.Under the background of the modification of inheritance law,this article constructs the network virtual property inheritance system and improve the degree of legal protection of network virtual property inheritance.