A Study On The Legal System Of Legacy Support Agreement In China

Along with our country population aging trend,coupled with China’s long-termimplementation of the family planning policy,more and more families will face421challenges.A young couple to feed four old man with a child,in China’s current socialsecurity level and economy development level is not developed,the problem ofpopulation aging is an important relationship between the state and stability of thesociety and family harmony.The legacy support agreement is an important legalsystem in our country “law of succession”, is our country social practice, is createdwith China characteristics inherited legislation,It refers to a legatee and dependent onLegacy protocols,and maintenance according to the agreement,shall bear the legacy oflife raises the dead buried obligations, and shall have the right to obtain real propertyin the legatee died right, legatee has raised right after his death,the property left tosupport people.It is through the contract way to need others to support vulnerablegroups provide a seek legal protection path,as a means of supplementing the statepension and help other vulnerable groups,has the important research value.This paper takes the case as a starting point to explore the legacy supportagreement in the presence of system level and operational level problems.The legacysupport agreement is a means to maintain the normal life of the vulnerable groups, butalso a way to the free disposition.It has its own unique legal nature,different fromthe“Five Guarantees”system,legacy and contract of succession.In this paper,based onthe nature of the further research of the effect of internal,external problems.Then fromthe legacy support agreement form elements are too simple,too narrow a subject,thecontent of the agreement is relatively simple and support of party rights provisions,thelack of legal protection and lack of oversight mechanisms and other issues,through theuse of theoretical analysis,comparative analysis,system analysis and literatureresearch methods proposed specification of the legacy support agreement formelements,expand the legacy support agreement subject range,enrich the legacy supportagreement,improve maintenance of human rights protection mechanism and theconstruction of the legacy support agreement supervision mechanism and so on,hope that through the improvement of legislation and the practical application of the systemcan fully play its due role.