Study On How To Perfect Rules Of Our Country's Legal Heirs' Range

Legal succession system is an inheritance system with the range and sequence of heirs and principles of the property distribution stipulated directly by the law. Legal succession and intestate succession are two important ones in inheritance area. Before solving other questions, we should make sure of the range of legal heirs, and it is directly related to the distribution of the estate and the private interest of heirs. A scientific range of legal heirs is quite important.Inheritance law of the People's Republic has executed for more than 20 years since October 1, 1985. it played an important role in adjusting our inheritance legal relationship. Along with the reform of economic system and rapid development of social and economic, China's economic and social life have changed a lot. The current succession law is increasingly showing its inadaptability. Many foreign countries established inheritance law according to their respective history and realities. Compared with France, Germany, Britain, the United States and other countries, the range of legal heirs in inheritance law of the People's Republic is much narrower. So it's time to amend it in time.This paper is divided into three chapters with introductory paragraph in the beginning and conclusions in the end.The introductory paragraph introduces the research objectives, motivation and meaning. The first chapter is a summary section. Firstly, we introduce the related background of legal heirs range, including problems of provisions of legal heir range, and narrow issue of the legal heir range. At the mean time we expatiate the negative influence that the above problems may bring to our country's judicial practice. Then, this paper introduces basic concepts of the statutory succession, legal heir range, relative system and relative grade. Finally, this paper expounds the basic scope of determining the legal heirs range and the marital relations, kinship relations and the decedent relation. These are all basic concept with discussing legal heirs range problems in the following part.The second chapter gives the concrete analysis to the current rules about legal heirs range problems. First, it introduces legislative background and the current general provision of the legal heirs range. Then, based on the marital relations, kinship relations and the decedent relations, we divide stipulates the legal heirs range into three categories and give concrete analysis to every part.The third chapter is to perfect our country's legal heirs range. First, it analyzes rules of civil law system and common law system. Then it shows the enlightenment of foreign legislation. Finally, the author gives out suggestions on how to perfect our country's legal heirs range.In the conclusion part, the author summarizes the basic point, theoretical significance and practical value.