A Study On The Legislation Of Succession And Inheritance Of Modern Chinese

Law is the embodiment of the national spirit. In spite of law, Chinese traditional civil customs have been effectively regulate the behavior of the folk and order. The traditional customs have been keeping the society functioning well for a long time. Since the late Qing Dynasty, twice nationwide civil investigations on customs, under the comprehensive detailed records of the traditional Chinese folk civil activities of specification, leaving a large number of civil customs survey data, including "separation analysis to produce" civil customs as we search China’s civil society inherits behavior provides valuable information and unique perspective. This article on the survey data of China’s modern civil customs, combined with some modern and contemporary civil customs survey show the rich material, since the late Qing Dynasty, China inherited the basic features of civil customs, development trend and its interaction with four large-scale modern inheritance legislation relations carries on the preliminary exploration, and a successor who selected scope and should be following the share system of two concrete delve into and longitudinal comparison, in order to show the inheritance civil custom and civil legislation in the field of the complex relationship of one side.Through this article, the author believes that Chinese traditional customs on inheritance have profound cultural origin and value foundation, with the complex interactive relationship exists between the modern civil legislation, inheriting the legislative support and absorb part of the civil customs, also for some civil customs, to promote and safeguard inheritance equality prompt it to produce change, thus more accord with the requirement of times development. Furthermore, the author hopes to make more and more people pay close attention to folk customs and advocate for new civil customs, provide good support for the development of the legal system in the future.