Legal Conception Of Chinese Legal Succession System

The system of property inheritance is an important part of our civil law. now, china is making effort in constituting civil codes and the inheritance regulation will be a section of it. The author tries to discuss for the correction and improvement of the legal succession system in our country and also puts forward some personal ideas about it. In addition, the author offers the legislative proposal and hopes that it will work as something worthy to the legislative body.This article includes about 40 thousands words and is divided into five parts.The first part: summary. Give an introduction of the concept and features of legal succession, Analyze the scope of application of legal succession and the tendency of the legal succession'development.The second part: The range of legal heirs. In our country, the grounds for the range of legal heirs are the matrimonial relationship, the blood relationship and the foster-success relationship. The author believes the scope of legal heirs in our law is too narrow and suggests that we should improve the current regulations about the range of legal heirs.The third part: The sequence of legal heirs. The heritage law of our country did't set apart the descendant heirs and the spouse. The author considers this regulation is reasonable. But there are still some defects about the sequence of legal heirs in our country to be improved.The fourth part: inherited share and the related systems. After Carrying on systematic analysis to inherited share system, deduction system and legacy distribution system, and focusing on the defects in the present inheritance system as well as our experiences and learning from the foreign legislative practice, the author proposes suggestions of improving.The fifth part: subrogation and sub-succession. As for the nature of the right of subrogation there are two different views. One holds that the right of subrogation is the right inherently enjoyed by such heirs, but the other conceives that the right of subrogation is the right devived from the inheritance right hold by the heirs who are taken the place of. On this issue, I agree with the first view and make a suggestion that we should improve our current system of subrogation. The sub-succession system is quite different from subrogation, so it's necessary to carry on the special regulation to it in heritage legislation.