Research On The Legal Issues Of Inheritance Of Virtual Property In China

With the arrival of the information age,coupled with the fast development of the Internet,people’s production and lifestyle are no longer confined to the present world,and the types of human property are becoming more and more rich and various.The "Civil Code" adopted in May 2020 still continues the safegudrd of online virtual assets in the "General Provisions of Civil Law",clarifying that online virtual assets is a legally protected property right.At the same time,Article 1122 of the "Civil Code" adopts a general and exclusion method to stipulate the scope of natural person’s heritage,which changed the former "General Rules of Civil Law" time uses the enumeration legislation pattern,and lays a solid legal foundation for the inheritance of virtual property on the Internet.Yet the "Civil Code" stipulates that the issues to be studied in this article are only provisions of principe,and it is vague to handle it.How to specifically operate the inheritance procedure and how to form a complete network virtual property inheritance system are important issues that our country needs to solve urgently.In view of the urgent needs of judicial practice,this article intends to discuss and analyze the particular issues relate to the inheritance procedure of network virtual property from real cases in real life.The article mainly elaborates from the following four aspects:The first chapter is an overview of the online virtual assets inheritance.The first is to define the concept of network virtual property,containing the broad sense and the narrow sense,but the broad sense can better cover the scope of the current network virtual property.This essay also elaborates from the broad category,followed by Analyze its basic characteristics,summarize its theoretical classification,comment on its legal attributes,and finally introduce the practical significance of virtual property inheritance,showing the urgency of refining virtual property inheritance procedures.The second chapter is an introduction to the current situation of the inheritance of virtual property on the Internet in my country and a brief introduction of typical cases.It sorts out the status of inheritance in my country from three levels of legislation,judicial practice,and industry regulation,and then starts with three typical cases to analyze the focus of controversy behind the case.Chapter Three sums up the main problems in the judicial practice of my country’s network virtual property inheritance,including the difficulty in identifying the subject of inheritance,the ownership of virtual property is not clear,the difficulty of evaluating the value,the conflict between inheritance and privacy rights,the conflict between service agreements and inheritance rights,and proof Unreasonable distribution of responsibilities,etc.The last chapter is the core of the article.In view of the obstacles faced by the inheritance of network virtual property in our country,this paper puts forward some suggestions the inheritance of network virtual property in our country property in our country,and provides a theoretical basis for regulating judicial practice in the future.