The Research Of Legitim System In China

What is freedom? Freedom is considered as that people can do what he wants in legal limits. The rule autonomy of the will is the reflection of freedom in Inheritance law.Freedom of testament is the reflection of the rule autonomy of the will as the freedom of contract. And freedom of testament is considered as comprehensively protecting the individual property. Freedom of testament is that people can freely deal with his individual property by testament after he dies.But freedom does not depend on personal will, it is limitary, transcending discretion of specific people and identifying universality. Such limit includes confinement based on conditions of society life, and that for the sake of benefit of society and others, and of coordination of all kinds of freedom. The freedom of testament is not excepting.After 19t" century,with the development of social economy and politics, social standard replace individual standard and the rule autonomy of the will is restricted.For this reason, the freedom of testament must be limited.Starting with two typical case, the article expounds comprehensively and systematically the legislation gist of establishing legitim system of our country, and provides exhibition of concrete construction of the system, incorporating the situation of our country. And the article aims at the distinct deficiency in confinement of testament freedom in current law of inheritance of our country,and has exercised such analyzing means as philosophy, history, ethnics,jurisprudence and comparison, etc.The article is made up of four parts:The first part explains notion, characteristics and nature of legitim,appraising the status quo of restrained testament freedom in current law of inheritance of our country, and making comparison of similarities and differences between system of compulsory portion and system of legitim in our country.The second part highlights and strives to illuminate the necessity of establishing legitim system of China. Freedom is not obsolute, freedom includes confinement and unfreedom. Legitim system is a part of testament freedom and legitim system bears origin the meaning of testament. The unity of different kinds of benefits, and the ultimate pursuit of essentials justice and social reasonableness are no other than the immanent warranty to reach reconciliation and unification of both limit and freedom.The legitim system is of concomitance with testament freedom according to analyses from view angle of historical reference. And social ethic morality is also calling on the establishment of legitim system in China. As the important constituent of inheritance law in civil law, its testament freedom is of coincidence with the valure logos of consciousness autonomy of civil law. And the developing paths are consistent for legitim system and consciousness autonomy. And legitim right is established on definite status with unique feature of enforceability.The third part gives exhibition of concrete construction of legitim system of our country, which is based on comparative analysis of legitim systems of nations of the world.The fourth part puts forwards five rules in establishment of Chinese forced heirship system and the draft on it.