Study Of The Forced Heirship System In The View Of Legal Economics

With the pass of the General Principles of Civil Code,the revision of the Civil Code has gradually accelerated,and inheritance is an important part of the Civil Code,its modification and expansion is one of the main points.In other countries,the forced heirship system has existed for a long time,each country has formed its own unique system.This system is a restriction to the freedom of will,which makes it an essential part of the inheritance law.There is no provision in the law of inheritance in our country,but the provision about protecting the legacy right of fetus in the new General Principles of the Civil Code,indicates that the forced heirship system is about to appear in the new Civil Code.Therefore,the establishment of the forced heirship system is definitely settled,the only point is that how to enact it.There are several aspects related to the establishment of the forced heirship system: First of all,what is the forced heirship,what is the concept of the forced heirship system,what is the relationship between the forced heirship and the certain heirdom,and what is its characteristic.Secondly,what is the basis of the establishment of the forced heirship system,is there any theoretical foundation of it.Finally,how to establish the forced heirship system in China,how to enact the scope of obligees,the restriction and protection of the right,and the portion,etc.According to the above problems,the main structure of the article is divided into three parts,namely,the summarize of the forced heirship system,the theoretical foundation of the forced heirship system and the legislative prospect of the forced heirship system.In these three parts,I will discuss the problems listed in the preceding article in turn.In the summarize of the forced heirship system,first,the paper will find out the concept of the forced heirship system in our country,including its definition,subject,object,rights and obligations.Then,the paper will introduce the development of the forced heirship system in other countries.Finally,the paper will introduce the history of the forced heirship system in China.The theoretical foundation of the the forced heirship system includes the legal basis and the legal economic basis.The legal basis includes the spirit of legislation,social benefit,public order and so on.The legal economic basis is produced by the evolution game theory and the cost benefit equilibrium analysis.The emphasis of this article is the legislative prospect of the forced heirship system,in this part,the paper will present the specific ideas of legislation.Including the scope of obligees,how to determine their identity,how can they be treated when the right of the forced heirship is infringed,and how to operate.Then,the paper will come up with a formula to determine the portion.The article is written according to the questions about how to establish the forced heirship system,focuses on the structure of the forced heirship system,and illuminates the blueprint of set up the most suitable system.