关键词: 数据, 新型权利, 数字遗产, 继承制度, 复合优位论

Abstract: With the arrival of Big Data era, data is affecting every aspect of the production, life and development of society, as well as people’s perception and judgment of traditional ethical values and legal systems. Taking the form of data, digital inheritance has become a new type of property right. Because of its own data properties, and the traditional inheritance system cannot effectively protect the digital property right. The modern society urgently needs a digital inheritance system in response. Although there are many debates on the inheritability of digital legacy in academic circles, when digital inheritance is considered a new type of property right, we can construct a “compound priority theory” institutional model of digital inheritance based on the mobility and interactivity of data to protect the data inheritance right. In this regard, the analyses of the inheritance scope, inheritance method, obligation of proper treatment, and justification of system become a realistic issue that must be tackled in the process of conceptualizing the digital inheritance system.

Key words: data, new right, digital legacy, inheritance system, compound priority theory