Research On Perfecting Chinese Will Law System

When the society develops fast, the individual wealth grows sharply. Prearrangement the future in the way of will leads to hot discussion in modern times. But the regulations about will ability (will ability of any person with limited disposing capacity, psychotics, the blind, the deaf, and the mute, common will, right of will revision, and scope of the deceased), will content (the form, beneficiary, scope of property and executor of the will) and keeping special share by will in Chinese "Inheritance law" can't satisfy the present need. There are obviously legal flaws in it.There are five parts in this article:The first part is summary remarks. It mainly introduces the significance, object, scope, technique and such related questions of my research.The second part introduces foreign regulations, they are will ability (will ability of any person with limited disposing capacity, psychotics, the blind, the deaf, and the mute, common will, right of will revision, scope of the deceased), will content(the form, beneficiary, scope of property and executor of the will) and keeping special share and so on.The third part has analyzed the flaws of Chinese present will system from three aspects. On the one hand, the stipulation about deceased's will ability is not comprehensive, including: 1st, whether any person with limited disposing capacity should be authorized to the right of will, according to Chinese legislation, any person with limited disposing capacity has no right to make a will, but in the light of many foreign countries' legislation, a person with limited disposing capacity older than 16 is authorized to make will. ,2ed, the question about confirmation of psychotics, the blind, deaf, and the mute persons' will ability, Chinese legislation about this is extremely ambiguous, but the overseas is very clear.3ed, whether the common will would be acknowledged.4th, whether the deceased have right to revise the will.5th, whether the foreigner is authorized to make will in our country . The second hand is about the content of will, including: 1st, the form of will, there are five kinds of will forms in present stipulation, some has lost the value of existence and should be concealed; some are unable to connect with foreign countries and should be further consummated ; 2nd, the will beneficiary, the scope of will beneficiary is too narrow; 3rd, the will property, the scope of will property should be expanded; 4th, executor of the will, the deficiency of executor system causes the chaotic of will execution. The third part is about special share system, the lack of special share system leads to the will content violates traditional custom.The fourth part aims directly at the flaw of Chinese will law system, the author combines foreign advanced stipulation together and proposed suggestions about consummating Chinese will law system.The fifth part is conclusion, the author reiterate the viewpoint about consummating Chinese will law system. Parts of persons with limited disposing capacity regarded as "any person with disposing capacity " and be given will right; psychotics, the blind, the deaf, and the mute should be authorized suitable will ability; canceling oral will, add seal will; expanding the scope of legal inheritor ; expanding the scope of will property, establishing executor system; establishing special share system.