Reflections On The Right Of Inheritance Principle Of Gender Equality In China's Succession Law

As an important way to get family property, inheritance is an ancient and often new topic. It is one of the system with people's social, economic and family life. The succession law of China clearly define the equal inheritance rights with men and women. However, in most parts of China, namely the vast rural areas, the practice does often not to do so. We can find that there are few married daughters back home to claim her inheritance right. Now that the law is so provisions, and the rules for them is also advantageous, why it appears this kind of circumstance? For this phenomenon, many scholars have seemed to use it as an example in the investigation of history or the folk habits, while little inquiry from the angle of law for its effect. In fact, the nature of Chinese society is still a rural society.56% of the population in China is still farmers, so the implementation of law here determines the legal process in China. The paper first introduces the basic content of equality right of inheritance between men and women, then the author basing on the sociology research report and relevant example about gender equality in two villages analyses and summarizes the existing problems in practice, and puts forward the questions. The author tries to explain contents specifically and in detail, overcoming subjective obstinacy and out-of-context. From historical, economic and other factors to explore the reason why there is gap between legal effectiveness and legal effect. In China's current rural situation, some phenomenon can not be made sense by the logical explanation of state laws. Therefore, we have to rethink inheritance principle of equality between men and women. By the legislation thinking modes, it should further retrieving and reflecting China's legislation by local resource or described attention on the legislative background. In addition, we also need a long time to fumble and gradually improve the legal cultural soil.In conclusion, the author will illustrates this paper from the above aspects, not trying to find all factors, but strive to make it just fine and deep. While what need to explain more here is that the author does not emphasis on the blind implementation of the principle of equal inheritance in rural. As in current situation, people have been following the tradition, culture and customs, peacefully continueing unequal inheritance system, and don't think there is any problem. So, if forced wedge laws, it will make people at a loss. Therefore, this paper intends to explore how to understand the different levels of the effective and failure of law, reflecting the mode of legislation and practice background, then use the theories returning to practice and strengthen the law in actual implementation.