A Study On The Inheritance System Of Property In The Republic Of China

Traditional Chinese successive system is based on patrilineal authority,theunique system to family ethic as the center,and system of property inheritance hasan important status in the successive system. Before the Civil Code (Republic ofChina)/Part V Succession is enacted,despite the social surroundings undergoingtremendous changes,but because there is no new systemic laws to re-regulate thesocial order,so both legal practice and folk customs in the China communityrecognized the system of property inheritance is also according to family law oftraditional Chinese as basic principles.With establishment of the Nanjing Government in the year of1927,Chinahas environment and conditions to implementation of the new system of propertyinheritance.The Civil Code (Republic of China)/Part V Succession in force at thebeginning of1931is the first law of succession in the history of Chinese in thecomplete sense,and represents the birth of a new system of property inheritance.But the practice of the Shanghai area show that lawmakers for granted anideal did not change the form of common property inheritance.In the law ofsuccession practice whether it is construction of the successors and managers of thesuccessive property, or after the new law implementation of inheritance of specificimplementation, as well as about the court related legal practice of the propertyinheritance, etc,in the Shanghai area of the people under the new system of propertyinheritance expression with the regulation pattern is not consistent,at least not bylegislators original idea to proceed.When lawmakers enact laws of there is a large gapbetween ideals and reality.The new system base on Lawmakers established the law of successionwas too advanced to achieved in reality.After abandoned the tradition of Chineseritual propriety combination with laws,the new system uses individual egalitarianismis not fully converge with the public,Leaded to paper regulation is not consistent withthe real life,did not achieve the purpose of the original system design.So find abalance between ideal and reality is the key to promote social real progress.