| As the development of internet,people have had more fantastic experience than ever before,and some new problems have occured which challenge the law order.Virtual assets is a model.Can virtul aseets be inherited? Can law of now be applyed to it? On one hand, China's law have not made any explainment about virtul assets,on the other hand, educational circles and practice circles haven't reached on agreement.So the inherirnent of virtul aseets can't be applyed.This article is based on the law of now, consults related popular opinions and puts forward own viewpoint.This article includes three parts.Chapter one. Pose question:can virtual assets be inherited? This chapter will prove that virtual assets can be inherited from property attribute and legality. First,virtual property has legal attribute:valuable, disposable and beingness. Second,virtual assets conform to our country's law. This chapter lays the root for system construction.Chapter two.Analyses questionrthe law of now has some problems when applyed to virtual assets.This chapter will analyze these problems from subtantial law and procedure law. The first quarter mainly describes that can the law of now be applyed to virtual assets from subtantial law.The rules include "general rule of civil law","property law","inheritance law"and so on.It relates to extension of bequest,inheritance mode,type of distribution, legacy caretaker.The second quarter will talk about grade jurisdiction,territorial jurisdiction,evidence system.Chapter three.Solve problems:build the sysetem of inheritment of virtual assets.this chapter will offer proposals from subtantial law and procedure law.The main proposals of this article include:claryfy the definition of virtual assets,improve the inheritment mode,build a third party online,claryfy the rights and obligations of administrator of the estate,make sure that the intermediate people's court of internet service provider assume the the responsibility and afresh system of legal evidence. |
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