A Historical Survey Of Testament Succession System--Comparative Study Between China And The West

The succession of property came into being with the birth of private ownership system. Since humanity society departed from primitive state, succession system has been being the most important adjustment mode to society relationship, all the time. Generally, the category of succession of property falls into legal succession and testament succession. Making a comparison between them, the latter makes more respect and protection for the freedom of personal will. What causes the appearance of testament succession system and what causes it to be improved continuously? Is there any relationship between the level of private ownership system and testament succession system? Meanwhile, is there any relationship between testament succession system and the freedom of personal will? The essay reviews these issues through comparing Chinese and western countries.The main body of this essay, following by the concise introduction, can be divided into three chapters: The first chapter analyses the process of forming of testament succession system in the modern western countries. Western legal system can be traced into ancient Greece and Rome, while the latter was particularly famous for perfection of testament succession system. Private ownership system remained a promotion element in the process of the development of Rome testament succession system. The inherent tradition of Rome society and the need to social stabilization were critical. In the development of testament succession system in middle ages, sanctuary made a very important role. The testament succession system of modern westerns embodied the respect of the freedom of personal will, and at the same time, they made protection of social benefits better.The second chapter discusses the testament succession system of Chinese traditional society. Before Spring and Autumn Period & Warring States, there was no of private ownership system in the real meaning, so few domestic writers touch this area. However, through deep investigation, the author finds the succession of the management right of family's property existed even this right depended on status relations, therefore, holds that the early stages of humanity are similar to each other. The succession mode of early stage of Chinese society brought a huge effect on aftertime and the spirit of it went through overall of Chinese society. After Spring and Autumn Period, the testament succession system appeared in the legislation in all dynasties and the conflict and compromise of the power between state and paterfamilias went through the whole history. Since late Qing Dynasty, Chinese testament succession system has made a great change, this essay will discusses it in other chapter. The third chapter analyses testament succession system both on China and Western countries. Through comparing of them, we can see that the succession of property system appeared in the period of family ownership, while we can't tell it would develop into legal succession and testament succession and which of them would make a major role. All of that had no certain relation with the level of private ownership system, and the culture tradition and the need of social stabilization were the direct incentive for testament succession system. With regard to the development of testament succession system, the settlement of the conflict of society benefit and private will was the key issue all the time. How to coordinate the society benefit and private will so as to promote the whole society to develop, it still a problem for legislator to consider carefully. At the time of drafting of Chinese Civil Code, the reference to the legislation experience of western countries, meanwhile the perfection of Chinese testament succession system with consideration of Chinese real circumstance, which will have positive and deep influence on the development of society.