Who is the boss of the shop?

Not long ago, 24-year-old Taobao female shopkeeper for consecutive all-night stay up all night, sudden death in sleep, she painstakingly two years crown shop was frozen. Since then, a five-drill-level Taobao shopkeeper sent an article, "Can the shop become a legacy?" "NET post, the amount of browsing in one day reached 70,000. Many netizens worry, their hard run shop, in their own hope to retire or leave to future generations, but not a smooth transition. Taobao store and other virtual property can inherit? Who's going to decide?

Taobao publicly responded that Taobao never banned the inheritance of shop heritage. For the transfer of inheritance, Taobao follow the judicial department's decision, as long as the successor according to the requirements of the Judicial Department to provide appropriate materials, you can continue to operate the shop. However, before the judicial decision, in order to ensure the legitimate rights and interests of consumers, the known natural persons killed in the relevant shops, Taobao will be frozen in advance, once the inheritance of the completion of the action to thaw.

On the topic of virtual property is not news, for ten years, many times to generate disputes about the virtual property, such as the theft of QQ numbers can be used in criminal law theft provisions, the divorce game props can be divided as a couple of common property, the death of the e-mail can be inherited as inheritance.

The precondition of solving these problems is to determine whether the virtual property belongs to property. Online account, instant Messaging account, email address, online games account and virtual props, microblogging and other SNS account of the common sense of the virtual property has property, condensation of the user's feelings, time, labor and even money. However, the fictitious property is still not a legal property. At present, all relevant laws, such as property law, criminal law, inheritance law and general rules of civil law, do not explicitly classify virtual property as the legal type.

The 75th article of the general principles of Civil Law stipulates: "The personal property of citizens, including the lawful income of citizens, houses, savings, articles of daily necessities, cultural relics, books and materials, trees, livestock, and other lawful property which are permitted by the law of citizens." This is a summary of the legislative approach, but for the so-called "other legal property" is not yet a judicial interpretation, virtual property can not directly belong to it.

At present, in the judicial practice, the attitude of the Court is quite clear, and the decision supports the virtual property is not a clear legal basis, so there is almost no decision to support the inheritance of Virtual property, divorce division, the theft of virtual property does not apply to the handling of theft. However, the court also respects the contractual agreement between the Network service provider and the user.

When the law does not recognize the fictitious property belongs to the property, the property of the fictitious property is determined by the network service provider. At present, the vast majority of network service providers in the user agreement agreed that the user for the network account and other virtual property only use, no ownership, can not transfer. The law does not prohibit that is freedom, the network service provider's practice is not justifiable in the law.

But why did the network service provider make this agreement? First of all, if the recognition of virtual property belonging to property and support of its transfer, will be stolen virtual property after the transfer of the activities to facilitate the movement, will not be conducive to the fight against virtual property theft. Secondly, if the fictitious property belongs to the property and the user owns it, it is difficult for the network service provider to punish the user for the violation, or the penalty may be prosecuted for infringing the property right. Furthermore, some virtual property involves the privacy of a user or a third party, such as a chat record, which may disclose the privacy of a user or a third party if it is allowed to inherit the virtual property. In addition, supporting the inheritance of virtual property, divorce, etc. requires the network service provider to develop relevant management rules, and perform the corresponding audit procedures, which will also increase the operating costs of network service providers.

Despite all these difficulties or concerns, but the reality of the demand is indeed widespread, Taobao sellers have more than 6 million, QQ active users have more than 700 million, Sina Weibo users are also close to 300 million, the number of such a large user base, sickness and death again normal but, but the virtual property of the user has economic value or spiritual value, This is accompanied by a growing problem of the succession and transfer of virtual property.

At present, on the inheritance of virtual property such as shop, network service provider said the court, but in the current legislative situation, the Court will not explicitly recognize the virtual property, in fact, or by the network service provider to decide. If the network service provider can take the lead to make a positive attempt, not only provide reference for the legislation of the fictitious property, but also win the support of the network users, and even become the special service which distinguishes from the competitor. Of course, the active attempt of the network service provider is only the expedient to solve the virtual property inheritance. In the long run, online shop and other virtual property inheritance or by the law, the legislative recognition of virtual property is the fundamental way.