Comparative Analysis And System Consummation Of Limited Inherit

Our country "of the succession law began in 1985 through October 1, the 6th National People's Congress, at which time seems to see our law is timing ready, ready to enter orbit legal reform. But because China's socialist form of "imprison" reform and opening to the outside world has passed through the more than 30 years, the development of the inheritance law has not kept up with The Times has steps. Succession in the process of reading, we usually see is heavy entity, light procedure embarrassing situation. And limit inheritance, objective in China on this field for the legislation in associated Settings and do not have systematically standard, whether in the succession law of the article 33 regulations, or in the provisions of the relevant in principle, we seem to see's law always stop for the standard, limited inheritance outline in detail but the norms of blank. In a word, is too principle, operational but not strong, judicial practice so would be difficult to carry on. Today, the national economy level has developed, and in population structure gradually face under the trend of aging, natural death toll rising, and our country will face many succession test. In this background, this paper the inheritance law limited inherit plate for a detailed investigation and analysis, hope can derive so as to promote our country "of the succession law perfected.This paper composed by four chapters, remove preface, total 31,000 words or so outside.The first part and general review papers this paper, like the concept of core argument reviewed sex for the paper, after wen analysis provides relevant theoretical support. This chapter, the author mainly to limit the notion of inheritance, legislative model, legislative purpose, effectiveness are discussed in this paper. Its focuses on place namely after three chapters will analysis for the "dot", hope this paper can help readers chapters to limit inherit a roughly understanding, to comply with the corresponding thinking ways.This paper analysis method is mainly to comparative analysis, so in law and civil law on inheritance law limited compared with paper more, hope the inker contrast reflects the gimmick our related background and characteristics, and be able to accurately analysis from our country about limit their inheritance loophole. Therefore, the second chapter for the analysis of the main subject of continental law, and relevant regulations and interpretation in the regulations and the relevant limited inherited understanding, for the third chapter of our interpretation of limited inheritance laws provide direction and background.In the third chapter, this article mainly from the legislative and judicial system of two dimensions of the analysis of the limited inheritance, put forward concerning the incomplete system of limited inheritance, and scope, enacted is not standard, and during the judicial process set for malpractice, loopholes and so on the idea of the fourth chapter provides the materials discussed and direction.The fourth quarter of this paper discusses related set limit to inherit, after the third chapter ideas discussed in this chapter analysis, will also from procedure and mode for focus both entities related problems scenario, analyzes on the entity, this article mainly from the heritage management system, accept abandon succession institution comprehensive analysis of the two aspects, namely, determine the obligations and rights legacy manager to accept, and give the succession institution during the validity standard. In the process, this paper mainly includes the direction to manager the establishment of the system of way, du debt scope, debt divided, discharging principle, liquidation sequence of proposed method.