A Study On The Rule Of Probation In China From The Perspective Of Harmonious Society Construction

With the progress of time, continuous economic development, increase private property of citizens, distributing the estate is bound to become an issue people have to seriously. Distribution of estate and wills are closely related, on the one hand to enhance the awareness of the private rights of citizens, will choose the form of an increase in the case of distributing the estate; and on the other hand, imperfect legislation will solve mechanism unscientific derive more wills disputes. The dispute arose and can not get a reasonable solution, is the huge impact the legitimate interests of the people, also hinder build a harmonious society.Wills behavior is a legal act to have legal effect, in order to achieve specific legal effect to explain the need for a will. The focus of wills explained is to explore the true meaning of the testator, from the terms of the method, it should take subjective interpretation, in order to find the true meaning of the testator should stand testator angles to explore its meaning. Wills explained more to rely on the method used by the interpreter and trial experience. Wills interpretation is an important means to resolve disputes.Study the case of He Wu, related the theory of wills explain, the are three parts we can conclude:first, will explain the testator should adhere to explore the true meaning for the purpose, second, will explain should adhere to the "form and explain the difference between saying"; third, will interpret a harmonious society should insist on limited evidence applicable outside wills. The process of building a harmonious society, will improve the interpretation of the rules for inspiration to build a harmonious society:the first, will improve the interpretation of the rules is to achieve a harmonious concept of protection; second, will improve the interpretation of the rules is conducive to protection of human rights; third, will improve the interpretation rules for the democratic rule of law and create conditions; forth, will improve the interpretation of the rules is to adhere to justice; fifith, will improve the interpretation of the rules is conducive to stability and order.