Research On The Applicable Law Of China Foreign Succession

In the context of globalization today, civil communications between countries are increasing, generating large number of legal phenomena such as trans-national marriages, international adoptions. It can't be avoided that plenty of containing a foreign factors are produced, forming foreign succession cases. Because of increasing of foreign succession, it is easy to appear many new condition, which presents new challenges in foreign succession provisions. Inheriting relationship is essentially a property relation,which is not only a way to transfer the property,but it also is closely linked with personal relationships,for this kind of property transfer is based on the ties of blood or marital relations. And succession relationship is inflected by historical tradition, religious beliefs, ethnic customs and social system, economic system. These characteristics of foreign succession legal relationship make large differences between countries in foreign succession legislation,leading to a large number of conflict. To reconcile the conflict of national laws and address the problem of foreign succession laws, most of countries have provided the legal rules in succession. Legislation in foreign succession has also been provided, in our country the provisions are not only very simple, with the existence of legal gaps, but it also has lagged behindthe development requirements of foreign succession laws in the international community. In response to specific problems of international succession, how to protect our legitimate interests and rights of citizens and to achieve fairness and justice become the urgent problem need to be addresed in our legislation and practice.the article has adopted the method of comparative study, the theory with practice, the literature survey, and used analysis and deductive expression to study and discuss the applicable laws problem, resulting a complete theoretical system,to strive to achieve fluency, clear meaning, compact construction, integrity system. The text is divided into five parts:Chapter one is "preface". Preface expounds the background and practice problems introducing the discussing topics at the full text.Chapter two "foreign succession overview" briefly introduces the definition, foreign succession legal conflict performance, making the readers have an overview of foreign succession. Because of the existence of these conflicts, the problem of foreign succession applicable law can be produced.Chapter three "analysis of the rule of the foreign succession applicable law". The section mainly discuss the applicable law of foreign succession. First of all a detailed introduction to foreign succession law in many countries has been done. Secondly,"The Hague Convention of the law Applicable to succession to the Estates of Deceased Persons" and "The Hague Convention on the conflict of laws Relating to the Form of Testamentary Dispositin" are introduced. Next ,the text discusses the use ofthe rule of autonomy and the most significant relationship principle.Chapter four is "Chinese law applicable to foreign succession legislation and practice and its deficiencies". The provisions of our applicable law for foreign succession are mainly shown in "Law of Succession" and "General Principles of Civil Law",which have already can't cope with foreign succession field various circumstance. From the judicial practice, many problems can't be solved.Chapter five is "legislation suggestions of our country foreign succession applicable law" . The article on here enter in the article key and the foothold. Through the above of discussion, the text put forward superficial legislative suggestion of the foreign succession applicable law, including legislation style, the common law applicable principle, the rule of autonomy, the most significant relationship principle, wills law applies principles and none inheritance of property law applicable principle, etc.