Research On The Legal Problems Of Digital Inheritance In China

The development of computers and network technologies has made online life more and more important.The proportion of digital assets in citizens’ possessions has increased.The first batch of network users has moved toward an ageing population.When users die,whether digital assets can inherit,how to inherit and other related issues urgently need to be resolved.This article addresses this issue,starting from four parts,and aims to propose legislation for the inheritance of digital inheritanceThe first part defines the concept of digital property,summarizes the characteristics of digital property on the basis of concept,and then analyzes the advantages and disadvantages of different doctrines of digital property,and considers that the production of digital property is compliant.A new type of property that emerges from social development is different from property rights,creditor’s rights,intellectual property rights,etc.,and different parts of this new type of property have properties similar to those of property rights,intellectual property rights,and currency.After determining the attributes of the digital property,it is considered that the digital property has the property of the property,and the requirements of the “inheritance law”regarding the heritage can be inherited.The second part summarizes the dilemma of inheritance of digital inheritance,that is,the lack of legislation on inheritance of digital inheritance leads to difficulties in defining the ownership of digital inheritance.From the ownership of digital property rights to the determination of the inheritor of digital inheritance,the academic community holds different views.This article argues that the ownership of different parts of the digital heritage should be defined separately.The third part compares and analyzes the extraterritorial legislation related to the inheritance of digital inheritance,so as to help the construction of China’s digital inheritance legislation.The fourth part starts with the rights and obligations of network service agreements,network users,network operators,and successors,and hopes to clarify the user’s intention of inheriting digital inheritance and prevent inheritance through network protocols between network users and network operators.The rights of all parties in China have been violated.At the same time,it is proposed to establish a unified digital heritage assessment standard and assessment mechanism,because it is an indispensable link in digital heritage inheritance.Finally,we use foreign digital heritage custody services to improve our country’s digital heritage custody services.