Research On The Principle Of Maintaining The Elder, Fostering The Children And Considering The Sick And Disabled In Succession Law

The elderly, minors and the sick, the disabled are vulnerable groups of society,their rights are most vulnerable to violations. States for the special protection of the interests of this group, inheritance of specific design of the system have highlighted the need for the old, weak, sick, and disabled concerns. China's "Inheritance" old-age pension system is a reflection of specific nursery to take care of sick person principles, but with 20 years of continuous deepening of economic reform, The continuous development of the socio-economic, social concept of continuously updated, social development of the law put forward new requirements, China's current "Inheritance" embodies the old-age child-care, care of sick person principles, the basic system has shown its limitations, no longer meet the social development. However, in the inheritance theory, the study focused on a specific system, to explore, little research on the basic principles . In this paper, the basic system guidelines to build the basic principle, to re-examine the basic system of inheritance, undoubtedly Gangjumuzhang role. At present, China is formulating its Civil Code, succession will be one of a series. I hope that through to the old-age child-care, care for sick, the disabled under the command of the principles of analysis and study of related systems, in order to improve China-related legislation to make recommendations to promote the improvement of the system.This take comparison, analysis and other methods of old-age child-care, care of sick persons to study the principles, and through drawing on foreign experience and previous results on the expression, "Inheritance," old-age child-care, care of sick persons made the principle of specific system improve the views.This total consists of four parts, words about 30000 words.The first part of the nursery for the old-age pension to take care of sick person principles, basic theory. That part of the analysis of old-age child-care, care for sick persons the principles of ethical basis and legal basis, so as to establish old-age child-care, care for sick persons the existence of the principle of rationality,specific systems for the analysis below, provide a theoretical basis. Then analyzes the pension nursery to take care of the invalid principle in the "Inheritance" on the three-point functions.The second part of China's "Inheritance," old-age child-care, care of the sick, the disabled status of the principle. First, macro-analysis of old-age pension from the nursery to take care of the invalid principle in China's "inheritance" principle Positioning System, and then from China's "Inheritance," old-age child-care, care for sick, the disabled and the implementation of the principle reflects the inadequacy of two-level analysis of old-age child-care, care for sick, the disabled principles.Part III is divided into old-age child-care principles, to take care of the sick in the embodiment of foreign inheritance laws. This section introduced the old-age child-care, care for sick persons the principles of statutory succession system in a foreign country, foreign wills inheritance inheritance system and foreign contract system in the embodiment,and in the embodiment of each system were analyzed and the advantages and disadvantages compared,as below, China's "Inheritance," old-age child-care, care of sick persons to pave the way the principle of implementing the idea.Part IV is divided into China's "Inheritance," old-age child-care, care for sick, the disabled and implementing the idea in principle. For the second part of the analysis of China's "Inheritance," old-age child-care, care for sick persons carrying out the inadequacy of the principle of drawing on old-age child-care, care for sick persons the principles of good legislative experience in foreign inheritance laws, this article presented in this section the appropriate legislative proposals. As for the legal inheritance system implemented by the lack of support for adjustment to make a major obligations widowed daughter and son-the order of succession, thereby putting the grandchildren, children, grandchildren included in the scope of legal heirs, regulate the distribution of property operational; testamentary inheritance system for carrying out the lack of a complete set of the specific share of the necessary share of the estate, the introduction of Western Portion system; Maintenance agreement for the legacy system, implemented by the lack of agreement proposed to retain legacy of dependency, while the introduction of contract system of succession.