Research On Network Virtual Property Inheritance

The rapid development of cyberspace makes the number of network users increase sharply year by year,which leads this protection as a thorny problem in academic circles and legislature.The issue of network virtual property inheritance arises at the historic moment.Although Article 127 of “The Civil Code”implemented on January 1,2021 follows the provisions of “The General Principles of Civil Law”,the succession series of“The Civil Code”does not clearly specify whether virtual property can be inherited as heritage.There is still no provision that network virtual property can be used as inheritance in all legislation.The blank of network virtual property inheritance in legislation makes the proliferation of relevant cases a thorny problem in the practice of judicial organs,this paper combines the views and suggestions of predecessors on the establishment of virtual property inheritance system through four methods: literature research,comparative research,case analysis and summary,and by querying and analyzing the relevant cases that have a certain impact on domestic virtual property inheritance after the implementation of“The Civil Code”.While expressing personal views,we should provide suggestions for the construction of China’s network virtual property inheritance legal system as objectively and comprehensively as possible through the existing judicial practical experience,and do our best to contribute to the theory of network virtual property inheritance in line with the current national conditions.The first part of this paper mainly clarifies the topic opportunities and research purposes of online virtual property inheritance and investigates the research status of online virtual property inheritance at home and abroad,and next part judges from the basic material properties why the property rights theory in the four universities fits the author’s point of view and the drawbacks of other three theories,and highlights the particularity of its material and spiritual attributes compared with general property from the category analysis of network virtual property The third part explains the five major dilemmas facing online virtual property in China by explaining the attitudes of major Internet companies towards the inheritance of online virtual property and the introduction of cases such as the inheritance dispute between Tian X1,2 and Tian X,from the inheritance procedure to the determination of the subject and object,to the conflict with the rights of all parties and the construction of a value appraisal system,etc.,which comprehensively enumerates the crux points that hinder the settlement of online virtual property disputes in judicial practice,indicating that the legislative clarity on the inheritance of online virtual property is imminent.The final part looks forward to the construction of the online virtual property system in the future,introduces and analyzes the cases of Wang Shuxian v.Kuaishou Company,Xu X v.Junbigao,Sijiu You Company,Fu X,Wang X,Wang X Game Account Sale and Purchase Dispute Case,etc.,and through the investigation and investigation of the current online trading platform and the second-hand market for the transaction status and value determination of the online virtual property to support the construction of its evaluation mechanism.The network virtual property inheritance system involves the protection of human rights,so it is urgent to solve the legislative difficulties.How to simplify the corresponding judicial procedures is also one of the difficulties faced at present.Clarifying the network virtual property inheritance system is more helpful to promote the process of national legal history.