中国数字遗产继承法律问题研究

Abstract

The rapid development of the Internet has made people’s lives more colorful, and the number of Internet users has grown rapidly. As people use the Internet, some of these activities, such as topping up, upgrading, etc., make the value embedded in their accounts a unique resource, or digital property. As Internet users grow older, the issue of inheritance of digital property is slowly becoming more and more problematic, and digital inheritance has become an unavoidable legal challenge. In order to explore the possibility of digital heritage inheritance, the theoretical basis of digital heritage is first summarized, and the concept of digital heritage is clarified. That is, digital heritage is an interest that contains information about human knowledge and the results of human activities described in binary form. Digital heritage is divided into property-based digital heritage, personality- based digital heritage, and hybrid digital property rights, and the legal attributes of digital heritage are discussed. It then comprehensively and systematically argues for the necessity of building a digital inheritance system, which is necessary to protect the legal property rights of network users, promote the development of China’s network information industry, and improve China’s inheritance legal system. There are currently many problems with digital inheritance in China, as the subject of digital inheritance is unclear, the value is difficult to assess, and it conflicts with the protection of privacy. Thus, in order to complete the digital heritage inheritance system in China, it is necessary to take concrete measures in detailed areas, develop more methods to address the inheritance of digital heritage on the Internet. Accelerate the legislation on digital heritage inheritance, clarify the norms of online digital heritage valuation, determine the subjects of digital heritage inheritance, and balance the contradictions in digital heritage inheritance and privacy protection to ensure the successful inheritance of digital heritage. In conclusion, the legal issues of digital inheritance have become more and more important, and the Chinese legal profession should pay sufficient attention to them so that they can be effectively solved by developing a system and constructing a perfect system.