| The variety of network virtual property has become more and more abundant with the richness of the virtual world.For a time,it has become an indispensable life essential under the "Internet era." However,while online life is becoming more and more colorful,online virtual property disputes have also emerged.In 2003,the emergence of the first case of virtual property in China,the "Red Moon" game case,opened the study journey of Chinese legal scholars on network virtual property.Subsequently,in 2005,the emergence of the first case of the virtual property inheritance in the United States,the "Yahoo Mailbox" succession case,caused widespread discussion among domestic and foreign scholars on the legal issues of network virtual property inheritance.Many countries and regions in foreign countries have successively introduced relevant legislative provisions.However,in Article 127 of the General Principles of Civil Law promulgated in 2017,China has standardized the virtual property of the Internet as the object of civil rights.The issues related to inheritance have not been clearly defined.by law.This paper studies the theoretical analysis and practical exploration of network virtual property inheritance as the starting point,and removes the legal obstacles of the inheritance of network virtual property in China as the foothold,and comprehensively studies the legal issues of network virtual property inheritance.Using the literature research method,based on theoretical analysis,define the legal attributes of network virtual property,expound its inheritable reality necessity and legal legitimacy,further analyze China’s legislative status and practice disputes,and summarize the existence of China’s network virtual property inheritance.The rights subject is unclear,the rights object is general,the value evaluation system is missing,the division method is vague,and the network service agreement excludes the rights holder’s inheritance rights.By summarizing the foreign legal experience and drawing on the practices in line with China’s specific national conditions and actual needs,this paper puts forward some reasonable suggestions for the construction of China’s network virtual property inheritance system: First,we should speed up the legislative process of China’s network virtual property inheritance,and we can amend the legislation and introduce the judicial system.Interpretation and publication of guiding cases and other means to make up for the lack of law,so that China’s legislative footsteps to keep up with the needs of the times.Secondly,the subject of different types of virtual property inheritance rights can be distinguished by the method of “adapting to local conditions”,and the “generalization +exclusion + pocket clause” is used to define the object and the inheritance procedure of“application-review-notice” is formulated,and the subject and object of inheritance rights and The procedure is clarified.At the same time,when determining the value assessment and the division rules,we can learn from the German experience,introduce a third-party value assessment agency to conduct professional evaluation,and then comprehensively consider the influencing factors of the value assessment to determine the evaluation criteria,and the differences in the virtual property of the network.Types take a different approach.Finally,it is necessary to improve the regulation mechanism of the network service agreement,standardize the content of the articles,form industry self-discipline,and strictly regulate the responsibilities and obligations of the network operators,and establish a record review and supervision mechanism to comprehensively monitor the conclusion of the network service agreement.In addition,we must improve other supporting measures to help the network virtual property inheritance rights be successfully implemented.In short,the legal issue of inheriting network virtual property is a livelihood issue that concerns the interests of citizens and is also a key factor affecting the sound development of the Internet industry.Solving relevant legal issues and improving China’s network virtual property inheritance system has become an important task of China’s legislation.This is not only conducive to safeguarding the legitimate rights and interests of our citizens,but also has a positive impetus to the development of China’s legalization.This paper defines the network virtual property as the property right attribute,and insists on the inheritable view of the network virtual property,and proposes a targeted solution to the existing legal problems.On the one hand,it provides theoretical support for the construction of China’s network virtual property inheritance system;on the other hand,it is beneficial to improve the legislation and judicial protection of network virtual property inheritance,and to make our legal system more perfect. |
