Research On Digital Heritage Inheritance

With the development of data economy,digital property rights have emerged as the times require,and digital heritage related to citizens has aroused strong concern again.Data will also generate corresponding property benefits.As a kind of intangible property,digital heritage is different from common heritage.Whether digital heritage can be inherited as heritage is difficult to find a conclusion in China’s Civil Code,and there are many disputes in the theoretical level.We should think deeply about where the digital heritage left by the decedent should go.The system of digital heritage inheritance is based on the concept and legal attributes of digital heritage.It studies the connotation,characteristics and legal attributes of digital heritage,and analyzes what digital heritage is.If there is no digital heritage,there will be no problem of digital heritage inheritance.By studying the present situation and value of digital heritage inheritance in China,this thesis puts forward the dilemma faced by China’s current digital heritage inheritance: first,the lack of relevant laws on digital heritage inheritance leads to no legal basis for digital heritage inheritance;Secondly,it is difficult to determine the subject of digital heritage inheritance,and the virtualization of subject identity increases the difficulty of subject identity confirmation;Third,the network service agreement excludes the right to inherit digital heritage,and the network service operators impose format clauses to restrict the exercise of the right to inherit;Fourthly,the cross conflict between the inheritance of digital heritage and the protection of citizens’ privacy.Can the part of digital heritage that involves citizens’ privacy be inherited? All these problems need to be solved urgently in the construction of the digital heritage inheritance system.Therefore,in order to build a legal system for the inheritance of digital heritage in my country,it is necessary to put forward perfect solutions based on the valuable experience of foreign countries that legislate digital heritage and the current actual situation in my country.First,establish digital heritage in the form of legislation.The legal status of heritage can be guaranteed by including digital heritage into the scope of heritage and establishing the division method of digital heritage;secondly,by using the real-name system to clarify the inheritor of digital heritage,to strengthen the protection of the identity of the inheritor of digital heritage;Third,force network service operators to formulate reasonable network user terms in the form of law,so as to protect the inheritance rights of digital heritage;fourth,by formulating a value evaluation system for inheritance of digital heritage,to better guarantee the inheritance of digital heritage.