| Internet + times add new content to the traditional property inheritance,the network virtual property inheritance is one of them.Despite of the People’s Republic of China on the 12th session of the National People’s Congress fifth meeting of the general civil law has taken the virtual property into the object of civil protection,but at present our country of network virtual property inheritance in the inheritance law,still no relevant rules and regulations,legal lag of the inheritance of network virtual property protection in China obviously deficiencies,meets the requirement of the network virtual property inheritance.Therefore,we need to in the law to actively explore the network virtual property inheritance.Aiming at the current difficulty of the current network virtual property inheritance,the author uses literature analysis and comparative analysis of the method of combining layer upon layer analysis,stripping cocoon reel off raw silk from cocoons,solving real problems and finally put forward should actively explore from the legal level,clear the legal attribute of network virtual property rights and other issues,the early into the inheritance law protected is the solution to the problems This article is divided into five parts:The first part is the background of the research on the inheritance of virtual property in China,the research status,the research value and the research goal.The second part is the basic theory of network virtual property inheritance.Including the definition of network virtual property and the legal property of network virtual property rights,and the special analysis of network virtual property inheritance.China’s theoretical circles on the network of virtual property rights of the legal properties have not yet reached an agreement,mainly property rights,claims,intellectual property rights,new property rights that four views.On the basis of comparing the inheritance of virtual property and traditional property inheritance,it points out that the inheritance of network virtual property has the diversity of subject,and the object of the virtual property The independence of the value of the uncertainty,the form of dependence and other characteristics of the general inheritance,should be built a separate inheritance system.The third part is the theoretical description of the inheritance of network virtual property.I believe that the network of virtual property inheritance with the Constitution,civil law,legal basis.The virtual property of the network belongs to the legitimate property owned by the citizens and is in conformity with the conditions of Article 3 of the Inheritance Law and shall be included in the scope of the "Inheritance Law".The fourth part is the analysis of the dilemma of the inheritance of virtual property in China and its solution.In order to solve the problem of the inheritance rights of network virtual property,the inheritance right of network virtual property should be attributed to the user.For the elimination of user inheritance right of network service agreement,on the basis of analyzing the nature of network service agreement,the format clause of user’s right of exclusive right The right of the user to inherit the virtual property;for the user privacy and network virtual property inheritance rights conflict,according to the different types of privacy,proposed only if the deceased only personal privacy of the network virtual property,the user’s successor has the right to inherit,if related to the third person of the privacy of the network of virtual property,should be inherited by a third person or by the network service provider to delete.The fifth part is the introduction of the legislation of the virtual property inheritance system of the foreign network and the establishment of the network virtual property inheritance system.With reference to the traditional inheritance system,the author puts forward the idea from the inheritance subject,object,mode,procedure,value identification and segmentation of the network virtual property,hoping to better protect the virtual property of the network and realize the best use of the resources. |
