Research On The Legal System Of Inheritance Of China’s Network Virtual Property

With the rapid development of Internet era,the amount of online virtual property holdings is increasing,and over time,the issue of inheritance of online virtual property has become more frequent.2020 Civil Code was promulgated,and the inheritance part of the inheritance law deleted the way the inheritance law enumerates and underwrites the inheritance,and replaced it with "inheritance is the personal legal property left behind by a natural person at the time of death,except in accordance with the provisions of the law or according to its nature shall not inherit." This indicates that the state began to include online virtual property in the scope of inheritance.However,because there is no definite theory on how to implement the inheritance of network virtual property,and the law does not make specific provisions on the inheritance of network virtual property,the problem of inheritance of network virtual property in judicial practice is still facing the situation that cannot be followed.Therefore,it is necessary to conduct an in-depth study on the issues related to the inheritance of network virtual property,and put forward suggestions to improve the specific rules of network virtual property inheritance,so as to effectively protect the stable development of the Internet industry and safeguard the legitimate rights and interests of network users.This paper adopts the methods of literary analysis,case analysis and comparative analysis to first define the meaning,scope and characteristics of virtual network property,and on this basis analyze the legal nature of virtual network property,and analyze the inheritability of virtual network property from both legal and real life aspects in order to lay the foundation for the following study.The legal problems facing the inheritance of online virtual property in China are summarised through the analysis of typical cases of online virtual property inheritance in China,such as the conflict between online virtual property inheritance and user agreements and privacy rights,the difficulties in identifying the subjects of online virtual property inheritance,and the difficulties in assessing the value of online virtual property.After that,the experience of the exploration of network virtual property inheritance in the United States,Germany,Korea and Japan is drawn upon.Finally,specific suggestions are made to improve the legal system of inheritance of network virtual property in China.The paper argues that the adoption of property rights in the legal nature can protect network virtual property comprehensively,dividing network virtual property into ordinary network virtual property that can be inherited directly,network business premises and network virtual property with only spiritual value that can only be inherited with valid conditions,and ordinary virtual accounts,and coordinating the conflict between the inheritance of network virtual property and the right to privacy.Combine Articles 496 and 497 of the Civil Code to regulate and restrict the restrictive clauses in network service agreements and increase the succession assistance obligations of network service providers.Referring to the overseas practice of establishing professional value assessment agencies,build a model for assessing the value of online virtual property led by the network security and information technology department with the participation of four parties,namely professional assessment agencies,network service providers and users.