On The System Of American Intestate Succession

In America, the intestate succession system, which is called legal succession system, is corresponding to the will inheritance system. It means in the situation of intestate succession, the decedent estate is transferred directly according to the limits, order, successional portion of the heirs, as well as the special rules of division of succession, and the representative heir. Based on our belief and traditional customs of succession, our people always emphasis on the legal succession. Until today, we have had a fast development of economy, the private fortune has been increased too, and the family structure has changed. These changes show that the existing legislation and relevant judicial interpretations of succession to some extent, has lagged behind the development of our times. At present, the amendments to existing statutory inheritance system has reached a consensus in academia. In America, the intestate succession system is very mature, and it has an important theoretical and practical significance in studying it. It not only improves our system of inheritance, but also for the future, has a great reference for the creation of inheritance articles of civil law.The passage mainly introduces the intestate succession in America, and has a research on its history, besides, it studies deeply into the contents of the intestate succession, in order to explain the meanings of the intestate succession. Then,by using the comparative analysis, it analyzes the shortcomings of the present legal succession system in our country, and sum up the characteristics of the intestate succession in America and the inspirations to our country by analyzing the intestate succession in America. At last, the passage gives the suggestions on the recommendations and improvement of China Legal Inheritance System, such as Chinese future statutory succession system should re-establish the scope and sequence of heirs, and set up a special portion system to strengthen their spouses and minor children's inheritance rights. At the same time, enlarge the reasons of the appearance of representative heir, and the limits of representative heirs, to show the fairness and predictability of the law.