| With the continuous development of science and technology and big data industry,the new type of property created based on personal information has broken through the limitations of traditional personal rights and property rights,and has become a new type of property such as digital property.At present,one of the main challenges facing the development of digital property is how to identify and protect natural persons after death.The recognition of digital heritage in judicial practice faces many difficulties.Disputes over "virtual property" and "gaming devices" have grown year by year in recent years,and there are pressing questions about how to determine a person’s digital inheritance.However,there are still questions about the current judicial determination of personal digital inheritance.First,Article 127 of the Civil Code declares the legitimacy of data and virtual property,which means that a natural person’s legal digital inheritance can be inherited,but there is no clear standard for how to determine a digital inheritance.Secondly,since there are no standards at the legislative level and no relevant guiding cases in the judiciary,the adjudication rules for personal digital heritage in practice are inconsistent,and the phenomenon of different judgments in the same case occurs.Finally,the judicial system of personal digital inheritance is not perfect,not only the value of digital property is difficult to determine,but also because of the lack of effective inheritance path for heirs due to the lack of legal construction,network operating service providers occupy a great initiative in the face of personal digital inheritance.As for the existing problems in practice,we should inquire into their causes and put forward some suggestions and countermeasures.In view of the causes,the main problems of practical difficulties are the lack of uniform rules of adjudication,judicial interpretation and guiding case.Academically,both personal data and virtual property are contested for their properties and tenure.Moreover,the balance between personal privacy and inheritance contained in digital legacies is difficult.In view of this,from a theoretical point of view,it is important to define the property attributes and scope of a person’s digital heritage,to adhere to the rights-based approach to conflicts of interest between platforms and users,to have the right to dispose of their legitimate property,to discuss the existence of personal data in a classified manner,and to not inherit personal data of a high personal nature,thus reconciling personal data and the right to privacy.At last,the paper constructs the standard of judicial recognition of digital heritage according to the existing problems in practice.This paper classifies the subjective and objective factors that should be considered in the judgment of personal digital inheritance,clarifies the formal terms and conditions of internet service provider and the fetters of the deceased’s privacy,constructs the standard of personal digital inheritance audit and the clear right of use,and breaks through the predicament of current judicial judgment of personal digital inheritance. |
