A Comparative Study Of Legal Succession System Between Chinese Mainland And Hong Kong

Legal succession system is an important part of succession system, and is one of the important subjects that many foreign and Chinese legal experts are studying. After the enforcement on October 1, 1985, the law of the People's Republic of China on succession has been forces existing many problems to be resolved. Through the comparison between Chinese mainland and Hong Kong, this thesis tries to find problems that are existed in the legal succession system of Chinese mainland and brings up the corresponding proposals for the legislature's reference.This thesis is divided into three parts:The first part: the author gives an introduction of the concept, the essence and the historical development of legal succession, reviews the historical developing process of legal succession's theory and system in China and all over the world and examines the essence of legal succession.The second part: the comparative analysis between Chinese mainland and Hong Kong. In this part, legal succession of the two sides is examined separately from three main aspects: spouse, the consanguinity of the decedent and the other people who has the relationship of bringing up with the ancestor.The third part: some thoughts about how to improve and perfect the legal succession system of our country. Corresponding with the second part's three aspects, the author rethinks our legal succession system and puts forward proposals for improving our succession legislation in view of the spouse's inherited share, sequence and special protections, the range and sequence of the consanguinity of the descendent and the problems of daughter-in-law or son-in-law and so on.