The Theory Of Network Virtual Property Inheritance

Network virtual property is based on the network environment,has the value and legitimacy of inheritable property,can meet people’s needs,under certain conditions can be traded property type.Compared with the traditional property form,the network virtual property has the characteristics of virtuality,value,dependence and restriction.The official implementation of the Civil Code in 2021 clearly stipulates for the first time that network virtual property belongs to the scope of legal protection,but it does not involve the inheritance of network virtual property.Whether the network virtual property can be inherited,by whom,how to inherit and other issues need to be solved.If you want to realize the inheritance of network virtual property,it must have the value,legitimacy,circulation and increment of property,and conform to the value attribute of inheritable virtual property.In addition,the inheritance scope of users does not frame the existing virtual property of the network,including the commodities purchased by users directly on the platform and the free accounts provided by network operators.The network spends a lot of time and money to endow it with relevant value.Although some virtual property does not have property value,but only has personality spiritual significance,but is extremely important to the heir,so the scope of inheritance should also include this part of the network virtual property.Network virtual property not only has value but also has personality and spiritual value.Inheritance conforms to the trend of social development,can hold people’s emotions,and ensure the robust growth of the Internet industry.Therefore,it is necessary to inherit network virtual property.At the legislative level,it is not clear whether the scope of appropriate subjects,the scope of inheritable objects or the method of inheriting the network virtual property should be regulated.At the same time,the terms of limiting rights in network service agreement contradict with the legal rights and interests of inheritors.At the level of judicial application,the specific application difficulties include:the difficulty in determining the value of virtual property,the difficulty in providing evidence for related heirs,and the inability to balance the privacy of the deceased and the inheritance of the heirs.Therefore,in order to protect the legitimate inheritance rights and interests of heirs,the legislator should stipulate the subject and object of the inheritance of network virtual property and clarify the inheritance mode.In addition,it should also supervise the standard clauses in the network service agreement provided by the network operator to restrict the user’s inheritance and make legal provisions.In judicial application,a systematic and comprehensive scientific evaluation system should be established for the evaluation of virtual property value,and tripartite institutions should be introduced when necessary.The burden of proof between network operators and heirs should be reasonably distributed,and the network operators should have the obligation to assist the heirs to inherit when necessary.Meanwhile,the conflicts between the privacy rights of the decedents and the inheritance rights of the heirs should be resolved in the process of inheritance,so as to establish the network virtual property inheritance system suitable for our national conditions.