A Comparative Study Of Tang And Song Testamentary Inheritance System

The Tang and Song in Chinese history, have an important role in China's feudal society in the material wealth and spiritual leader in culture. The Tang and Song is a complete period of the China's traditional feudal legal system, has an important position. Tang and Song times, the traditional civil law system has developed to a new level, on the traditional system of intestate succession of property inheritance system is concerned, at this stage it is highly representative. Intestate succession from the Han-Tang Dynasty has been the essence of the system, while the Song is further refined and more perfect, both the same strain, but also their own characteristics. In this paper, from the study of comparative law perspective,intestate succession in the Tang and Song developed the system for carding the same time, the history of the Tang and Song inheritance system characteristics, the social significance and modern value of in-depth Analysis. Full-text from the introduction, body and concluding remarks of the three major components.In the first affirmed the existence of intestate succession in ancient China and briefly describes the development of pre-Tang track, intestate succession, on the body part of the theory of evolution of the three major problems: First, the Tang and Song inherit the main elements of the system, through the Tang and Song dynasties inherited a description of the main elements of the system, thereby indicating that at this stage inherit system has been established, and perfect, but also in the judicial practice has a strong practice. This section focuses on the era of the Tang and Song inherit the scope of application forms and make procedures for wills, wills and in their main contents of the settlement of disputes. Second, from a comparative perspective,analysis of the Tang and Song testamentary succession and differences between the system and thus found that not only has close ties, but also different styles, and this phenomenon is complicated by a variety of factors causing the problem. Third, through the Tang, Song and Tang, Song, wills inheritance system and the social significance at the time of this post-traditional society, the analysis of positive and negative effects of its historical significance and Analysis, combined with contemporary society's will to explore inheritance system of its modern legal cultural values.