On Establishment Of Legitim System In China

That citizen enjoys the right of testament freedom is the best manifestation that law provides ownership of citizen's property with overall protection. The freedom of testament reflects the value logos of civil law of consciousness autonomy of the party. But freedom does not depend on personal will, it is limitary, transcending discretion of specific people and identifying universality. Such limit includes confinement based on conditions of society life, and that for the sake of benefit of society and others, and of coordination of all kinds of freedom. The freedom of testament is not excepting.Starting with two typical case, the article expounds comprehensively and systematically the legislation gist of establishing legitim system of our country, and provides exhibition of concrete construction of the system, incorporating the situation of our country. And the article aims at the distinct deficiency in confinement of testament freedom in current law of inheritance of our country, and has exercised such analyzing means as philosophy, history, ethnics, jurisprudence, law economics and comparison, etc.The article is made up of three parts:The first part explains notion, characteristics and nature of legitim, appraising the status quo of restrained testament freedom in current law of inheritance of our country, and making comparison of similarities and differences between system of compulsory portion and system of legitim in our country.The second part highlights and strives to illuminate the necessity ofestablishing legitim system of China. Freedom is not obsolute, freedom includes confinement and unfreedom. Legitim system is a part of testament freedom and legitim system bears origin the meaning of testament. The unity of different kinds of benefits, and the ultimate pursuit of essentials justice and social reasonableness are no other than the immanent warranty to reach reconciliation and unification of both limit and freedom.The legitim system is of concomitance with testament freedom according to analyses from view angle of historical reference. And social ethic morality is also calling on the establishment of legitim system in China. As the important constituent of inheritance law in civil law, its testament freedom is of coincidence with the valure logos of consciousness autonomy of civil law. And the developing paths are consistent for legitim system and consciousness autonomy. And legitim right is established on definite status with unique feature of enforceability. For disposition of resources of right, legitim is in a position to realize maximization of effectiveness.The third part gives exhibition of concrete construction of legitim system of our country, which is based on comparative analysis of legitim systems of nations of the world.