Study On Virtual Property Inheritance System

As the economy and science developed rapidly,there is an incredibly growth in the number of Internet users in China.The Internet has played a vital role in our daily life,the virtual property as well.Although stipulating the protection of the data and network virtual property,the General Principles of The Civil Law of The People’s Republic of China did not have detailed regulations about the methods to protect the mentioned rights revised in 2017.Combining cases related,this paper discusses the theories and practical problems involved in the process of virtual property inheritance thoroughly based on the strong demand of judicial practice.The first part is the introduction.This part states the background and meaning of the topic,the research status at home and abroad,the research ideas,methods and innovative points.Based on the background and significance of the topic,the importance of virtual property inheritance in real life was introduced.At the same time,the comparative study,case study and literature study were used to conduct a comprehensive and in-depth study on the issues explored in this paper.The second part is the definition of virtual property.The essay analyses the invisibility,exclusive,value of virtual property characteristics and its types in more detailed division with examples firstly.Then there is a description one by one about the legal attribute of virtual property related theory,such as new type of property,intellectual property rights,creditor’s rights,property rights.Finally it points out that the real right was supported by the author to lay a theoretical foundation in the architecture of virtual property inheritance system below.The third part is about the inheritable factors and practical obstacles of virtual property.This part is mainly to analyze the virtual property can be inherited and realistic obstacles of inheritance of two parts,based on the nature of virtual property attribute and the social need,virtual property can be inherited,to rebut the arguments made by the minority people believe that virtual property is inherited,and put forward in the process of inheritance of subject and object in the form of fuzzy,wills is imperfect and the difficulty of value assessment,problems,set the stage for discussion below.The fourth part is the reference of the system of virtual property inheritance.Through analyzing about the virtual property inheritance law and the specific case in the United States,Germany,South Korea,Japan,the paper put forward some tips including dealing with the content of our country network protocol specification,the reasonable evaluation of virtual property values,coordinating the contradiction between privacy and inheritance,and so on,which provides the basis for specific measures according actual situation in China in below.The fifth part is the suggestion of constructing our virtual property inheritance system.Is discussed through above four parts,characteristics,type,legal attribute of virtual property and realistic obstacles in the process of inheritance has a certain conclusion,the specific provisions of this part based on the current status of virtual property inheritance,and puts forward the specific subject and object of the virtual property inheritance,the five legal wills recognized the legitimacy of the electrons will form,and put forward a substantial requirements and formal requirements of electronic wills,at the same time,through the market method,cost method and other methods to evaluate virtual property and combined with the second part of the proposed virtual property type segmentation,And in the process of inheritance,the privacy involved in the distinction of different subjects,clear the scope of the application of privacy and other Suggestions.