数字遗产继承规则与制度完善

Rules and Institutional Improvement for the Inheritance of Digital Heritage

摘要: 随着互联网的普及，数字遗产规模激增，但相关法律亟待完善、司法裁判标准不一、隐私保护与继承权冲突等问题致使其归属与继承陷入困境。本文通过研究各大软件用户协议、国内外案例和相关规定，提出数字遗产可继承性的判断标准，凭借建立平台协议审查制度，引入第三方评估机制，创造多元权利救济模式来弥补法律不足，解决平台规则与用户权益冲突，推动数字遗产有序流转，为数字经济时代的遗产治理提供制度参考与实践路径。

Abstract: With the widespread adoption of the internet, the scale of digital assets has surged. However, issues such as inadequate relevant laws, inconsistent judicial standards, and conflicts between privacy protection and inheritance rights have plunged their ownership and succession into a dilemma. By examining user agreements of major software platforms, domestic and international cases, and relevant regulations, this paper proposes criteria for determining the inheritability of digital assets. It suggests addressing legal gaps, resolving conflicts between platform rules and user rights, and promoting the orderly transfer of digital assets through the establishment of a platform agreement review system, the introduction of a third-party evaluation mechanism, and the creation of diversified rights relief models. This provides institutional reference and practical pathways for the governance of estates in the digital economy era.