Research On The Inheritance Of Digital Heritage

With the rapid development of the Internet and the increase of network users,disputes over digital heritage inheritance are widespread,but China has not promulgated relevant laws and formulated corresponding systems for digital heritage inheritance.China Civil Code is only on the protection of network virtual property provisions of principle,not on the inheritance of digital heritage to make specific provisions,digital heritage in the process of inheritance there are still many problems.For example,the subject and object of inheritance of digital heritage are not clear,whether digital heritage belongs to network service operators or network users is doubtful,and whether digital heritage is inherited by the heirs in the real life of network users or by the heirs in the virtual world of network users is doubtful;Network service protocol restricts the inheritance of digital heritage,which not only excludes the ownership of network users,but also excludes the inheritance of digital heritage by heirs;There are conflicts between the inheritance of digital heritage and the right of privacy.There are different opinions on whether digital heritage will infringe the privacy of network users in the academic circles of our country,and there are also differences in judicial practice;It is difficult to evaluate the value of digital heritage,lacking unified evaluation subject and evaluation method,and the existing evaluation criteria also have defects;Digital heritage is difficult to divide,digital heritage has integrity,after the division will damage its value,spiritual digital heritage,especially the division of digital heritage involving privacy is also difficult.In view of the above defects in the inheritance of digital heritage in China,we need to gradually improve from the following aspects: To clarify the subject and object of digital heritage inheritance,as for the subject of digital heritage inheritance,we should first determine that digital property belongs to network users,then determine that digital heritage is inherited by the heirs in the real life of network users,and that the heirs in the virtual world do not enjoy the right of inheritance,and finally determine the succession order of digital heritage according to the different types of digital inheritance.With regarded to the object of inheritance of digital heritage,first of all,it is clear that digital heritage is inheritable,that digital heritage conforms to the characteristics of heritage,and that it is the personal legitimate property left by the natural person when he dies,on this basis,the object of inheritance of digital heritage is clarified,that is,the digital heritage of property can be inherited,and the digital heritage of spirit can’t be generalized.There are particularities in the inheritance of digital heritage involving privacy;Standardize the responsibilities and obligations of network service operators,rationally regulate network service agreements,the specific content of network service agreements should conform to the provisions of format clauses,standardize the security obligations and collateral obligations of network service operators in the process of digital heritage inheritance,and ensure the security and smooth inheritance of digital heritage;Improving the inheritance procedure of the digital heritage,following the steps that the inheritor applies,the network service operator carries out formal examination,the network service operator assists the inheritor to transfer the digital heritage after the examination is qualified,and finally the announcement is carried out;Establish the value evaluation mechanism of digital heritage,set up a neutral third-party evaluation agency,specialize in the evaluation of the value of digital heritage,unify the evaluation criteria of Digital Heritage,take the social necessary labor time invested by the decedent as the standard,supplemented by the economic cost invested by the decedent in digital heritage,The relationship between supply and demand in the market and the stable transaction price formed in market transactions;Determine the division mechanism of digital heritage,according to the type of digital heritage,define the division mode of property digital heritage and spiritual digital heritage,and protect the privacy of the heir and others when copying and storing spiritual digital heritage.