Whether the virtual property can inherit the controversy experts say no special legislation

Reporter Li Jibin with the development of information technology, the network has become an indispensable part of people's lives, with the ensuing problems of the inheritance of network virtual property has been discussed.　　Recently, a report on Ms Xia's request to Tencent to obtain her husband's QQ mailbox password has caused a new round of hot debate on the issue. The Netizen merchant says each is not the same. Mr. Wang, of Changsha in Hunan Province, kept a large number of letters and photos with his wife, Ms. Xia, in his QQ mailbox. However, after the death of Mr. Wang in a car accident, grief-stricken Ms. Xia wanted to tidy up her husband's letters and photos for a souvenir.　　However, regardless of how to deal with Tencent, Ms. Xia let each other provide Mr. Wang QQ mailbox password requirements are rejected. Tencent believes that, according to the agreement between Tencent and the user, QQ number ownership owned by Tencent, users only have the right to use the number.　　The user cannot take the QQ number as the personal property disposition, because the QQ number does not belong to the legal inheritance category. Such cases are also available abroad.　　In 2005, the parents of a young soldier killed in Iraq took Yahoo to court and asked Yahoo to allow them access to his son's e-mail account. Yahoo argues that its terms of agreement do not allow email accounts to be handed over to relatives.　　Despite the court's final decree that Yahoo will hand over the account to the soldiers ' parents, the terms of the Yahoo deal still state that the mailbox account is non-transferable and cannot be inherited.　　Such cases are more and more, many netizens have published their own views: netizens "bun elder brother" that the game in itself is worthless, when the player poured time, energy, money into the after, to get more is the game itself to bring fun.　　The Netizen "Snow Mother" thought, the user has the right to decide these accounts or the property ownership.　　Netizens "gu" expectation, the law can gradually recognize the legitimacy of the inheritance of virtual property. Experts believe that the third article of the inheritance law of our country should be treated differently, which is the personal lawful property left by the citizen's death, including: the income of citizens, housing, savings and daily necessities, forest, livestock and poultry, cultural relics, books and materials, all the means of production of citizens by law, copyright　　Property rights and other lawful property in the patent right. "Heritage is a special state of property, the property left after the death of the citizens, identity relations and personality benefits can not be inherited."　　"President of the Law Master's College of Laws and regulations, Professor of Civil and commercial law, doctoral tutor Feinling said in an interview with the law daily. "Network virtual property can be used as a heritage, to be treated differently." "Feinling analysis, network Virtual property can be divided into two situations, one is the virtual property left the virtual space, this property may be completely disconnected from the real society, that is, left the virtual world is nothing; in another case, the property in cyberspace is linked to real-life property, for example, Pay for real-world currencies to buy products, or to earn virtual money in the state of virtual property,These currencies can then be converted into real-life currencies.　　This is two different states, so it is not generally possible to say whether virtual property can be inherited. "Only the virtual property can be controlled and the real social property can be connected and interchangeable, we can consider the inheritance of property, pure virtual state can not be inherited as property."　　Feinling that, first of all, should be qualitative, qualitative before the relevant legal rules to deal with the estate. "Now we talk about more QQ accounts, game accounts and other inheritance issues, I think the account alone can not determine whether it belongs to the property, the key is to check whether this account can become the real life of people in the legal sense of the property." If the account can not be linked to the real world currency or other property, the so-called account does not exist in the nature of the property of the law, in which case, the account itself can not constitute the property of people can dominate, so can not inherit.　　"Feinling said. Feinling pointed out that, in the case of QQ account, this account is not related to real estate property, such as people in real life using the bank card to buy the Q currency can only through QQ account to achieve its virtual currency function, especially in the virtual environment to buy all of Tencent's business and game props ( Tencent Recharge Center In its description of this has a prominent hint. In addition, the account user in accordance with the contract to enjoy the right to use the account, in the contract does not agree to prohibit the registration of other people outside the use of the terms of the account, as in our real life, the use of telephone numbers, the deceased's relatives and friends can certainly continue to use the account.　　If the account also holds information about the privacy of the deceased and his or her relatives, it should allow the deceased's relatives to use the account to deal with the privacy information involved. Because the inheritance law of our country does not involve the property problem under the network environment, it cannot be said that the law has expressly rejected the possibility that the fictitious property becomes the inheritance. This requires the legal and judicial circles to explain the so-called fictitious property from the angle of the personal legal property left by the natural person ' death.　　Feinling added. How to inherit to strengthen case guidance it is understood that the United States, South Korea and other countries have legislation on some special network of virtual property protection.　　Like the Oklahoma State rules, in the case of the uploaded digital photograph, the email, etc., if the deceased had not made a definitive disposition of the fictitious property after his death, the court would decide its lawful successor according to the circumstances; The Korean legislation stipulates that the characters and props in the online games are independent of the game operators and have property value. According to the relevant data shows that China's existing instant Messaging users 390 million, blog users 310 million, social networking site users 230 million, microblogging users 190 million; As of June 2010, the number of personal shop has reached 12 million.　　How to dispose of these virtual property after the death of the user will be a big problem for our country in the future. "Our inheritance law was enacted in the early 80, whenThe internet did not appear.　　"Feinling analysis, because inheritance is the inheritance of inheritance, it is impossible to have other identity or personality benefits of inheritance, so in the discussion of inheritance, first of all to see whether the inherited object belongs to the property, second can consider how to inherit the question." "From the perspective of judicial interpretation, we are also discussing this issue, according to China's current situation, we can through the Supreme People's Court of the guiding case to solve the problem of network virtual property inheritance." Feinling said at last. Share to: