Legislative Conception Of Improving Forced Portion System Of China

Forced Portion System is derived from Roma, which was initially taken as a measureto limit the freedom of testament. Nowadays many countries in the world haveestablished their sound and mature Forced Portion Systems. There is materialdifference between Compulsory Portion System in China Mainland and ForcedPortion Systems in other countries. Compulsory Portion in China Mainland graduallycan not satisfy the social requirements. It is necessary to improve Forced PortionSystem of China Mainland.Therefore, this paper starts form the history of Forced Portion System, compares itsregulations of some countries and analyzes the deficiency and relevant regulations inChina Mainland. On the basis of the above study, this paper makes suggestions onhow to improve the Forced Portion System in China Mainland, by making referenceto the experience of other countries and integrating with the characteristics of China'shistory, traditions, politics, laws, economy and social status, with the purpose ofcontributing to the standardization of inheritance section in China Civil Code.The frame of this paper is as follows:The first part: introduces the history of Forced Portion System, explains its conceptand the causes of its establishment, and presents its current status in differentcountries.The second part: analyzes some typical Forced Portion Systems in Continental LawSystem and Common Law System, and compares them to Compulsory PortionSystem in China Mainland.The third part: explains the existence of Forced Portion System in China Mainland,analyzes its deficiency and results in the necessity of improving the Forced PortionSystem in China Mainland.The forth part: analyzes the nature of Forced Portion and puts forward somelegislative suggestions on Forced Portion System in China Mainland with respect toits legislative mode and main contents.