A Research On Network Virtual Property Inheritance

Network virtual property is a new type of property emerging in the Internet economy,which is more and more inseparable from public life.Network virtual property contains huge economic value and spiritual value.In real life,people’s voice for its inheritance is higher and higher.After several twists and turns,the protection provisions of China’s civil law for network virtual property were finally established in the general provisions of civil law.However,this declarative and principled provision is very concise,and few figures can not clarify the type,inheritable scope,inheritance and division of network virtual property.Therefore,it is necessary to strengthen the research on the inheritance of network virtual property in order to strengthen its operability in inheritance.In China,the legislation of network virtual property protection has mainly experienced three stages.In the stage of decentralized legislative protection,indirect protection is mainly based on the scattered provisions of the basic law,civil law and administrative law on network virtual property.Article 127 of the general provisions of the civil law stipulates that the network virtual property is brought into the object of civil rights for the first time,which provides a legal guarantee for the inheritance of the network virtual property.The formulation process of this provision also reflects the tendency of the legislature to the attribute of "real right object" of the network virtual property.Article 1122 of the civil code · succession series stipulates that the legislative model of "generalization and exclusion" is adopted,which expands the scope of inheritance,and in fact further recognizes that network virtual property is inheritable.However,the "civil code · succession series" still does not stipulate the inheritance scope and inheritance division of network virtual property.Network virtual property generally has property,legitimacy and specificity,which belongs to the scope of inheritance.However,not all network virtual property can be inherited.We should distinguish different types of network virtual property for analysis.According to the division of rights and interests embodied in the network virtual property,it can be divided into three types: economic interest type,spiritual interest type and personal exclusive type.The network virtual property of economic interest has obvious economic value and belongs to the scope of inheritance;Spiritual interest type network virtual property has rich spiritual value and can generally be inherited,but it can not be included in the scope of inheritance if it involves unwilling and undisclosed privacy;Personal exclusive network virtual property has strong personality and personal specificity.It will not produce spiritual value to others and does not belong to the scope of inheritance.The division of heritage is the last step of the heritage process.The division of network virtual property inheritance is different from the division of traditional property.The spiritual interest type can meet the inheritance needs of all inheritance subjects in the form of reproduction,without the problem of division,but the inheritance subject should be determined according to the "closest relationship principle".Because of the intangibility of economic interest type network virtual property,it can not be divided in kind.Different situations should be distinguished and the division methods of "direct division" or "discount and appropriate compensation" and "auction or sale" should be adopted.When the price change division method of "discount and appropriate compensation" is adopted,the value of network virtual property has to be evaluated.Network users are the primary consideration subject of value evaluation,network service providers are the supplementary subject,and the special institutions established enjoy the right of final value evaluation.The standard of value evaluation should adopt the comprehensive evaluation standard of network user proof,pricing in the trading market and network service provider’s own pricing,and take into account the market supply and demand relationship and influence of network virtual property,the input cost of network users and other influencing factors to conduct comprehensive value evaluation.The network service provider is a third-party subject participating in the division.The standard clauses restricting inheritance concluded between it and users violate the provisions of the civil code.At the same time,according to the principle of "general acceptance" and the provisions of "contract collateral obligations",it has the legal obligations to assist the Division.First,it has the obligation to ensure the security of the network virtual property,which is the premise and basis for the existence of the network virtual property and is very important before and after the division;The second is the obligation to actively assist legal and reasonable requests for segmentation,which is an important guarantee for the smooth realization of segmentation.