论网络虚拟财产的继承

The Inheritance of Internet Virtual Property

随着网络技术的发展,网络世界对现实世界的渗透加剧,人类社会对网络虚拟财产的认可度也在不断提升,但基于网络虚拟财产的特殊性质,其继承问题备受争议。虽然在司法实践中出现过类似案件,但未受到足够的重视,我国立法对此尚属空白。鉴于此,有必要从网络虚拟财产可继承性理论评析入手,在确定网络虚拟财产的可继承性后,着重分析网络虚拟财产继承时的归属权和隐私权问题,探讨继承过程中出现的灭失责任及转让纠纷的处理方式,展望对网络虚拟财产继承的未来立法。

With the development of Internet technology, the network world has gradually permeated through the real world and the internet virtual property has been more acceptable for people.However, the inheritance of virtual property is a controversial issue because of the special nature of virtual property. Although there were similar cases in judicial practice before, but it has not been paid much attention to by legislation, and China＇s legislation about it is still blank. Therefore, this paper starts with the analysis of the theory of network virtual property inheritance. After verifying the inheritance of virtual property, this paper focuses on the analysis of the ownership and privacy right of network virtual property and discusses on the liability for loss and the solution of disputes in the transfer process. Finally, based on the understanding of the general principles of civil law in 2017, this paper predicts the future legislation of virtual property.