The Research Of Testament Succession System Of Civil Law Draft Of Qing Dynasty

Inheritance system is a way to adjust one of the important social relations..On the inheritance of property can be divided into, statutory succession and intestate succession. Will inherit the will of life in accordance with Wills before to determine the testator and to deal with an estate inheritance. In China,due to the influence of Confucianism,not formed for the system will inherit the will of the principle of freedom runs through the growth of the soil.While inheritance is based on ancient Chinese WENZHOU for the purpose of rating the importance of content as hereditary, mainly in the inheritance of the main legal successor, will the effect of relatively narrow, at that time will not form a strict system of succession. Until the End of Qing, the absorption and reference in the Western legal system on the basis of ideas and only completed in 1911, "the draft Law of the Qing China" for the first time clearly defined will inherit the system, beginning the institutionalization of our Will Inheritance prelude.The principle of freedom of testamentary succession process in China is gradually being accepted and established process. In intestate succession under the guidance of the principle of freedom, our country in the late "Great Qing China draft law" will finally established in the system is in the Code to specific articles to be provided, for the practice to provide a basis for specific operations. Also absorb and learn from the experience of Western legal thought and practice, on the principle of freedom will be limited as appropriate, to establish a Portion of its provisions for a more detailed, better protection of the rights and interests of specific persons. "The draft Law of the Qing China," the inheritance in the development and codification of the process, which draws on Western legal thought and legal system, has absorbed the legal tradition of ancient China. Today, research and analysis, "the draft Law of the Qing China" in inheritance, for the improvement of China's "inheritance" and the Civil Code of the development of great benefit.