| With the rapid development of information technology,the inheritance of network virtual property has become a hot topic in the field of legal governance.The promulgation of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)has provided a certain legal basis for the protection of such property.However,the specific rules of virtual property inheritance are still unclear,leading to similar cases in practice can not be relied on.By analyzing deeply the status quo and practical difficulties of the inheritance of network virtual property,the author draws on the mature theories and practical experiences from other countries to put forward some countermeasures for the inheritance of network virtual property.This paper consists of four parts: Chapter one demonstrates the inheritance of virtual property on the basis of the clear theory of virtual property.The second chapter combs the legal basis of online virtual property inheritance before and after the promulgation of the Civil Code,and analyzes the obstacles in the inheritance process and possible obstacles in combination with the current legislative and judicial status.Including the network virtual property inheritance object scope is not clear,inheritance is subject to the network service agreement,the network user inheritance right and privacy conflict,the husband and wife shared virtual property segmentation problem and the virtual property value evaluation difficulty five aspects.Chapter three mainly enumerates the regulations of network virtual property inheritance in five foreign countries,which provides some referential experiences for our country in clarifying object of network virtual property,improving the evaluation of network virtual property value,and establishing an online virtual property heritage custody institution.The fourth chapter provides some countermeasures for solving the problem of network virtual property inheritance.Specifically,it is to clarify the object scope of network virtual inheritance,balance the rights and interests relationship between network users and operators,balance the conflict between inheritance right and privacy right,clarify the distribution of network virtual property during the survival of husband and wife relationship,and promote the development and perfection of supporting mechanism. |
