Research On The Inheritance Of Virtual Property In My Country's Internet

At present,digital technology represented by the Internet is accelerating the deep integration with various fields of economy and society,online virtual assets will become an important part of the property in people’s daily life,however,there is no specific legal basis for the inheritance of online virtual assets in China,neither academia nor the judicial practice community has formed a unified view,resulting in many contentious cases.With the promulgation and implementation of the General Principles of Civil Law,the property right of virtual property has been formally incorporated into the protection system of Civil Law,how should the legal regulation on the inheritance of online virtual assets be made? On the basis of carding research background,literature review,research thought and significance,this thesis divides into five chapters.The first chapter is the basic theory of online virtual assets.It is pointed out that the analog object in digital form,which is recorded and stored in the data code form in the network environment,is virtual property of network;It has the characteristics of invisibility,exclusivity,persistence,value-added and privacy;It can be divided into account password,network goods,virtual currency,network electronic information,virtual storage space and other types;The legal attributes of online virtual assets are disputed,the object of creditor’s rights,the object of intellectual property,the object of new property right,and the object of property rights,I hold the object of real right.The second chapter is about the current situation and problems of the online virtual assets inheritance in China.The present state of our country’s legislation: The General Principles of Civil Law in China on the protection of online virtual assets has a principled provisions,there is no online virtual assets in the heritage type stipulated in the Inheritance law,the decision on the maintenance of Internet security,the regulations on the protection of computer information systems and the protection of the right to disseminate information are not expressly provided for the protection of the type of property,However,from the Constitution and the specific provisions of relevant laws,it shows that the way of obtaining property and the way to comply with laws and regulations can be protected by law;The presentsituation of Judicature in China: A typical case of accessing online virtual assets,although the judicial personnel can be in accordance with the spirit of the relevant laws and regulations to protect it,but there is no specific legal provisions,in practice,network users difficult to find a specific right to claim the basis to assert their rights,the People’s Court cannot find a convincing legal basis from the existing laws and regulations.Therefore,the inheritance of online virtual assets in our country is confronted with some problems such as lack of legislation,restriction of inheritance rights by user agreement,conflict between the privacy and inheritance rights of the deceased,difficulties in evaluating virtual property value and difficulties in inheriting and proving of virtual property.The third chapter is about the legislative investigation and reference of the extraterritorial legal system.On the basis of reviewing the legal provisions on the inheritance of online virtual assets,UNESCO,the United Nations,the United States,Germany,South Korea,the United Kingdom and other international organizations and countries have defined the responsibilities and obligations of the network service providers,set up the exercise period of inheritance rights,protect the privacy of the heirs,perfecting the auxiliary legal system can be used for reference in constructing our country’s network fictitious property inheritance system.The fourth chapter is about the necessity and feasibility of China’s online virtual assets inheritance legislation.Because of the difference between the online virtual assets inheritance and the traditional inheritance,and the social demand of the network fictitious property inheritance legislation,the legislation of the network fictitious property inheritance is necessary;Because our country network fictitious property inheritance has the legal basis and the realistic foundation,therefore,the network fictitious property inheritance legislation has the feasibility.The fifth chapter is the assumption of constructing the legal system of network fictitious property inheritance in our country.Firstly,from the network fictitious property inheritance way,the object scope,the successor’s scope and the order,the succession procedure,the dividing way,the inheritance time limit,the unmanned network fictitious property processing,the establishment network fictitious property value appraisal organization and so on,fills our country network fictitious property inheritance the legislative blank;Secondly,theconflict between the right to inherit and the privacy of the deceased and the user agreement can be coordinated by the reasonable design of the legal provisions;Finally,it is clear that the general burden of proof of online virtual assets inheritance and the implementation of network real-name system,so as to improve the online virtual assets inheritance.