On The Inheritance System Of Virtual Property

The social demand of virtual property inheritance is increasing day by day,but its legal norms are obviously absent.At present,only Article127 of the civil code has established the legal status of virtual property as a civil right.The research on the core issues related to inheritance,such as the connotation and extension,the cognition of power and function,and the legal attribute,is slow.The inheritance conflicts such as user agreement restriction,privacy interest protection,and inheritance practice problems such as value evaluation and burden of proof are constantly denying the heritability of virtual property.The definition of virtual property extension which is the premise of the study of its inheritance system,and the analysis of whether it has heritability both depend on the definition of the concept.The highly specialized existence mechanism of virtual property shows that its essence is the Internet original data with two levels of virtuality,property,benefit and personality,and its value lies in the application layer of internet protocol.In view of the particularity of virtual property,its related legal relationship can not be covered by the existing right system.It is necessary to construct a new property right with "service support right,control right,development right,use right and disposal right" as its power system.The property and dominance of virtual property rights lay the foundation for its heritability,while the restriction of user agreement on inheritance will be absolutely invalid due to the "the essence of inheritance".The conflict of privacy interest protection can also be alleviated through by the interpretation of the original intention of legislation and differential protection.The inheritance rules of virtual property can be classified into private,other-related and public virtual property according to the classification standard of "interest subject".Public virtual property has no inheritance because its subject of right is not a natural person,while other-related virtual property can not be inherited only when it can not be separated by technology and the third party refuses to give up the privacy interests.The inheritance of the rest of virtual property should be based on the principle of "making the best use of everything",according to the inheritor’s application,and through the examination and assistance of the inheritance assistant,that is,the network service provider.As the third party’s interests are involved in other-related virtual property,it is necessary to set "people-oriented" as its primary principle,clarify the restriction of privacy interests on the will,and set up an application mechanism for the interests of the third party to protect the privacy interests of the third party.The successful implementation of virtual property inheritance will make the social resources get greater use and continuity,but it still needs to solve the obstacles in its value evaluation and heirs’ proof.By clarifying the determinants of the value of virtual property,setting up a neutral specialized agency and effective comprehensive evaluation standard,the division problem in the inheritance of virtual property can be solved.On the other hand,the burden of proof of the inheritor can also be solved technically.The provider’s burden of proof assistance should be clearly clarified in the dispute of right confirmation.In the tort dispute,the special distribution rules of the inversion of the burden of proof should be constructed according to the theory of legal elements.