Research On The Inheritance Of Virtual Property In China

Today we are in an information age,and the Internet is gradually inseparable from the lives of the people.The concept of "Internet virtual property" is also an inevitable result of conforming to the development of the information age.Network virtual property is a new type of thing brought by the network virtual world,and it is an important product with a certain value connection with reality.Network virtual property can be distinguished from traditional property,the most prominent is that it breaks the traditional concept centered on the dual structure of real rights and debts,and scholars also retain different interpretations of the legal attributes of network virtual property.From the perspective of property attributes,network virtual property is a legal property of citizens and accords with the characteristics of heritage,and has the feasibility of inheritance.Recognizing the inheritability of online virtual property is to protect the legitimate rights and interests of network users,promote the development of science and technology,and ensure the healthy development of the online industry,and it is of extraordinary significance for improving China’s socialist legal system.However,compared with other countries and China’s Taiwan region,China’s network virtual property inheritance system still has many problems in legislation and specific judicial practice.The unclear definition of the legal attributes of virtual property,the insufficient legal basis for inheritance,and the inability to apply traditional property processing rules to the processing of uninherited online virtual property are all issues that need to be resolved in China’s current legislation.In judicial practice,due to the contradiction between the inheritance of network virtual property and some clauses of the network service agreement,the problem of unclear rights and obligations between network operators and network users arises.In view of the lack of a credible unified value evaluation standard,it is difficult to evaluate the value of network virtual property,which directly leads to the difficulty of fair and fair evaluation of the value of network virtual property when multiple heirs are involved,resulting in difficulty in dividing the estate.The unequal status also makes it difficult for citizens to provide evidence when inheriting virtual property on the Internet,and even unmanned inheritance due to difficulties in proof.Moreover,in judicial practice,such issues are often dealt with only at the discretion of the judge.In order to solve the above problems,the first solution is to define the legal attributes of virtual property,and attributing network virtual property to the scope of property rights is a better choice to resolve disputes over inheritance of network virtual property.Second,disputes should be resolved through amendments to existing laws,through legislative and judicial interpretations,and even with the guidance of guiding cases.In addition,in the absence of laws,consideration can be given to the use of private institutions to resolve.Therefore,in order to maintain the healthy and stable development of the public’s legitimate property rights and network order,it is particularly necessary to clarify the solution to the problem of network virtual property inheritance from legislation and practice.Therefore,this article intends to analyze the legal attributes of online virtual property by various scholars,and combine the experience of dealing with extraterritorial and Taiwanese areas in China to analyze the problems in the system of online virtual property inheritance in China and propose suggestions for improving the system of online virtual property inheritance in China.