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Research On The Inheritance Of Network Virtual Property In China

Posted on:2020-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:P C WangFull Text:PDF
GTID:2416330572957443Subject:Law
Abstract/Summary:PDF Full Text Request
In the context of the Internet,various network products and network services emerge one after another.Network virtual property is a new type of property that emerges with the continuous development of the Internet,and it is closely related to people's work and life.These network virtual assets are usually obtained by network users who spend a lot of time,energy and financial resources.Therefore,network virtual assets have great economic or spiritual value from their own.In fact,the transaction between the virtual property of the network and the actual property is very common,and we are all filled with the exchange between the virtual property of the network and the real money.With the rapid development of Internet technology,the number of users continues to break through,and disputes in the inheritance of virtual property on the Internet have also increased.However,because people's understanding of the connotation and inheritability of cyber virtual property is vague,and the lag of legislation leads to the lack of clarity of the relevant parties' rights and responsibilities,the court's referee has no formal law to refer to,and the corresponding rights of the users can not normally obtain the necessary legal relief,so that the problem of inheriting the virtual property of the network is not always solved.It is a problem that needs to be solved urgently from the perspective of legislation to clearly point out the property attributes of the virtual property of the network and to classify it into the scope of the heritage.Network virtual property has the characteristics of usefulness,scarcity,and circulation,and needs to provide effective protection from the perspective of inheritance law.This is of great significance in protecting the legitimate rights and interests of the parties of the virtual property of the Internet,promoting the healthy and harmonious development of the Internet industry,and improving the relevant legal system in China.With the continuous emergence of the problem of virtual inheritance of the network,it has developed into a focus of attention in the relevant academic circles.Based on the classification and analysis of various theories and literatures,this paper firstly analyzes the connotation definition and inheritability of network virtual property,mainly from four aspects,namely the connotation of network virtual property,the main features and the necessity and feasibility of the inheritance of network virtual property.Among them,there are many different viewpoints on the property of the virtual property of the network in the academic circle,and the discussion is summarized.Then,combined with the current legislation and judicial status of the network virtual property,there are still some disputes from the existing legal supply,the disputes with the privacy rights still need to be adjusted,the scope of the inheritance object is not clear enough,the value evaluation mechanism needs to be improved,and the third party The mechanism has not yet demonstrated six aspects to analyze the actual situation of network virtual property inheritance,sort out the main problems existing under the current situation,and analyze the main practices of virtual property inheritance in extraterritorial networks,with the United States,Germany,South Korea and Japan.For example,the state has gained inspiration from its network virtual property inheritance,and has taken useful experience to further improve China's network virtual property inheritance rules.Finally,propose suggestions from giving the clear definition of Network virtual property's legal attributes,establishing inheritance rules,properly resolving conflicts with privacy rights,defining the scope of inherited objects,scientifically assessing the actual value of virtual property on the network,and giving full play to the rights guarantee function of the notary office.The Internet technology of China is immature and lack of sufficient experience,but it should also keep pace with the times,recognize and pay attention to the inheritance of the network virtual property,starting from the development status of the network virtual property's inheritance in our country,and refer to the mature legislative practice of other countries,establish a perfect legal system,and at the same time,try our best to cope with the thorny problems about inheriting the network virtual property.
Keywords/Search Tags:Network virtual property, Right of inheritance, Inheritance rules
PDF Full Text Request
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