Concerning The Succession Of Deduction System

Fairness is one of the traditional civil law theory, it is the most important principle in the law, legal principle derivatives of the parties inequality relationship is the last and most powerful guarantee. The deduction system is in the same position in order to make up the common heir to the inequality between inheritance share, its purpose is set up between the heir to safeguarding the common from essence to meet the fair, fair value, therefore, in order to implement the principle of equality, inheritance of fair, between maintenance heir in legislation is necessary to the deduction system to admit true civil service personnel and regulating the value and function of world. Our country "succession law the provisions of article 13 to deduction system is some similarities, but because of its provisions is not comprehensive, and never reach the role of the deduction system, cannot do legal common equity sex. Therefore, based on our local legal resources, whether from the theoretical level or realistic level, the introduction of the deduction system is perfect our country's one important aspect of succession. Judging from the deduction system itself, its originates from the Roman law in civil law countries, the civil code to be universal in the inheritance and development, plays a maintenance heir of the role of between fair, is an indispensable part of the modern system of succession.This paper points to three most the deduction system is analyzed.The first part first introduced the legislation sources to the deduction system with foreign countries legislative situation, enumerated the part continental law system country as the reference for the related provisions. Secondly, put to the deduction system and the easy cause confusion's leave a system are analyzed, reveals both in legislation idea, essence and applicable fields, different and leave out the right to deduct a system makes a detailed. Finally based in succession from specific provisions in China, the system shows the imperfect legislation, and with the realities of the analyzes the necessity to the deduction system into.The second part is the core part of this paper, many scholars opposed to the deduction introduced mainland system because considering the situation of our country is different with other countries, the deduction system introduced would cause certain limits does not adapt the even and part of civil law principle conflict. This paper, from the principles of fairness, the rule of autonomy and ownership principle of three traditional civil law theory, analyse the introduction the deduction system possible conflict coordination and find out the way to solve the buckle, introduced the theory system of embarrassment.The third part is the specific Settings of the deduction system, from the scope, subject, object, mark and the practice of the deduction system, waived aspects of this system are analyzed, perfect the legal system into a possible various aspects of the problem.