Data has become an important resource in the Internet era due to value and potential，impact on the lifestyle and ideological concept of modern people。Netwood life also brings new challenges to the law，When a citizen dies，How should its digital heritage left in the online world be dealt with? Digital heritage involves personality rights and property rights，It has important value for citizens，But in the existing case，The protection of digital heritage has fallen into trouble。

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Network data records citizens' clothing, food, housing and transportation，Show citizen's preferences and emotional thoughts。Long -term accumulation，Citizens not only have a self in real life，A "digital personality" is also formed on the virtual network，It forms a complete personality of modern people with real personality。

Digital personality is the history of recording life。History records the trajectory of social development。In traditional context，History exists in the form of text，French philosopher Jacques Derrida even thinks，"Nothing outside the text"。This shocking point shows the cultural direction of that era，Existing the context of the conversation cannot be separated from the conversation。Modern media technology breaks through the constraints of context，US critical theorist Mark Poster believes，The Internet subverts traditional stability、Centralized subject，Build an independent "digital subject"。Personal data marks are associated with others，Record the history of personal life。In the new social context，On the one hand，Data -based life can solve the dilemma of Derida，On the other hand，"Digital Personality" bet365 live casino games shaped by "Digital Main" brings new problems。"Digital Personality" gives individual identity more possibilities，reduced social exchanges and regions、Time dependence，Strike the closedness of the inherent social class。"Digital Personality" is separated from individuals，When individuals die or lose their behavior，Its "digital personality" does not change immediately。In a public space，People with different identities can write a text together、Leave a data，Digital writing、Video conferences, etc., all show a new type of information，It subverts the author's central position，Decentralized individuals are just part of the network，Protection of Digital Heritage Facing Dohaies。

Digital heritage is based on digital personality as the kernel。Digital heritage refers to the virtual property of a natural person in the form of digital forms in the Internet environment，Including all data stored on the digital terminal and network。The law gives people the right to pursue spiritual freedom and freedom of property，So，Digital heritage also has personality rights attributes and property rights attributes。There are many types of protection objects，Can be summarized as three types: the first category is the network account information of natural persons; the second category is virtual currency; the third category is information containing personal intellectual property rights。After the death of citizens，Lost the right to self -determination，Its real property can be inherited by loved ones，How to deal with its digital heritage、Who would protect the digital self that stored in the database?

　　The connotation and legal value of data

The data discussed in this article specifically refers to electronic data，It depends on communication equipment，Existence through the form of code or program，Dual attributes of the content of communication and the media，Information bet365 best casino games that is separated from the media in real life。Electronic data has a unique liquid law，Can be used to analyze citizen behavior，It has important value。

The source of data is very wide，Both the records of the objective world and human society，It also includes new data generated by analyzing existing data。Digital heritage corresponds to social behavior data，Data generated by citizens using social media，often "recognizable" and "non -exclusiveness"，Data containing citizen information can be collected and used by multiple subjects。The accumulation of citizen data constitutes the main body of digital heritage，The data collected by the network service provider contains more personality ingredients，Citizen's personality right issues。Compared with this，Traditional heritage refers to the personal property and other property rights left by natural persons when the natural person dies，less involved in the personality rights of citizens。The anonymity of the Internet provides modern people with the opportunity to private space and shape the "digital personality" that is completely inconsistent with real life，So，Is it willing to show this "digital personality" to others after his death?

Data is property? This problem is more complicated。The statement of property issues in the law has three meanings: the first is "things are property"; the second case，Property becomes synonymous with property rights in civil law，The connotation rights of property; the third meaning is from the legal concepts of "things" or "property rights"，Legal relationships related to economic benefits or economic consequences are also evaluated as property，This meaning is suitable for digital heritage problems，Data is associated with economic value and has property。The concept of "virtual property" has been widely used，Putting data as virtual property，It is conducive to better solving data bet365 Play online games disputes involving economic interests before data legislation。Data has become an important business resource in modern society，Putting data as a property to see a certain amount of reasonable。but，Data itself belongs to property.。The qualitative of "Virtual Property"，At present, there is a right to say、Credit I said。Property rights theory is to attribute network data to the object of "material"; creditor's rights emphasize the contract relationship between network service providers and users，Use contract law to protect virtual property。

Dohaies and protection paths of digital heritage

According to the 2018 WeChat data report，WeChat monthly active user reaches one billion。Accompanied by the large number of users is the problem of death account。Online account becomes a remaining object after individual deaths，How to solve the problem of digital heritage inheritance?

One，Digital differences in the protection of digital heritage。In previous cases，China tends to treat digital heritage as objective objects，The United States tends to incorporate network accounts into privacy issues。2011，Ms. Wang asked Tencent to ask Tencent's QQ password，To obtain a letter and photo of the two in the QQ mailbox，Tencent's QQ number ownership belongs to Tencent，Users reject only the right to use the right to use。The first digital heritage inheritance case in the United States "John Ellsworth (John Ellsworth)"，John asked Yahoo to ask for the email account of the son who died in the Iraq war，Yahoo refused to refuse on the grounds of user privacy，The court supports Yahoo Company without providing email passwords on the grounds of privacy，But a CD of all mails containing in the mailbox should be made to John。Judge Protective Mailbox password with privacy significance，However, the email also represents the privacy of the user。Differential differences in digital heritage，Reflecting bet365 best casino games the problem of unclear concepts such as digital heritage and privacy。

Its two，Digital heritage protection faces legal and realistic dilemma。Digital heritage is different from public resources and real property，With exclusiveness and exclusiveness，Data control and inheritance order involved in natural persons，Currently facing two aspects of dilemma。

On the one hand, it is a legal dilemma，Reflected in the lack of basis。Protection of Protection of Digital Heritage Law and inheritance Law。Article 2 provisions of the "Property Law of the People's Republic of China"，Civil relations caused by the ownership and utilization of objects applicable to this law，Basically limited the scope of application of the property law as a body material，Digital heritage may involve the bodylessness within the scope specified by the property law of the property law of my country。Article 3 of the "Law of the People's Republic of China" stipulates that the "other legitimate property" of citizens can become a heritage，Provides a certain space for other possible inheritance inheritance。But the Supreme People's Court "Opinions on the Implementation of the" Several Issues of the People's Republic of China inheritance "of the People's Republic of China restrict this，other legitimate property that citizens can inherit can be limited to "including the creditor's rights that include securities and performing targets as property"，This provision clearly limits "other legitimate property"，Digital heritage problems cannot find the basis from the inheritance law。

On the other hand, it is a real dilemma，Reflected in difficult belonging。Users to get more personalized services，Agree with the authorization agreement of the network service provider，and provide it with valuable information。Network service providers spent a lot of costs in the process of collecting personal data，Use the collected personal data bet365 live casino games for business behavior，This seems to form a mutually beneficial situation。The question lies in，User and network service provider，Who has the ownership of the account? Division of the inheritance of digital heritage，both include the heirs and the heir，also includes multiple network service providers，It is difficult to divide property。Data is shared by multiple subjects at the same time，There are multiple legal relationships，It can be roughly divided into two categories: one is the relationship between network users and network service providers; the other is the infringement caused by digital property being stolen or disappearing for no reason。The subject of rights is uncertain，It is difficult to determine the ownership of digital heritage。

Digital heritage is the precipitation of the individual's information in the online society，Its legal value cannot be ignored。Inheritance and protection of digital heritage，Legislators must consider the right of citizens，Combined with the law of network development、Network Technology、Business rules, etc. Many elements are reasonably arranged。Law with compulsory colors，It will reorganize the data circulation by the existing network service provider、Network Service Agreement inherited by virtual property，Coordinating the relationship between citizens and network service providers。

Considering my country's existing laws and reality needs，Legal protection of digital heritage can be carried out in three aspects，First is to publish guidance cases，Solve the Digital Heritage inheritance Dispute through the jurisprudence，accumulate practical experience for legislation。The second is to introduce judicial interpretation，Whether the "other legitimate property" in Article 3 of the "Inheritance Law of the People's Republic of China" mentioned above explains。Third is to revise and improve existing laws，Bet365 app download include digital heritage into the category of inheritance of inheritance，Determine the status of digital heritage from the source，Legal rights and interests to protect citizens。

(Author Unit: School of Journalism and Communication, Nanjing Normal University)