A Study On The Construction Of The System Of Privilege In China

Special share System refers to the decedent testamentary freedom dispose of the property, according to the law should retain a certain share of legal heir. The system by limiting the freedom of wills and inheritance rights protection to the legal successor of the old-age nursery and maintaining family and social stability played an active role. China currently has not yet established the system of special share, only promulgated in 1985, "People’s Republic of China Inheritance Law" Article 19 and "Supreme Court opinions on the implementation of <People’s Republic of China Succession Law> Issues" Article 37 the provisions of the so-called "Certain heirdom system", Certain heirdom system for the adjustment of inheritance law relationship had a positive impact, as the trial intestate succession disputes provide a legal basis. However, due to the impact of the prevailing economic constraints and ideological level, the existing provisions for testamentary inheritance law was too broad freedom to restrict the freedom of certain heirdom part of the system to protect the rights of legal heirs inherit narrow. With the rapid development of social economy, sharp increase in household wealth, along with the values of marriage has undergone major changes, in the case of testamentary disposition of personal property, more and more, so that China’s current law of succession in restrictions on civil liberty aspects of wills weaknesses and limitations exposed more prominent, imperfect legal system of our country intestacy judicial practice difficult. Special share system as a restriction on freedom of testament widespread in civil law and common law countries, which can effectively inherit interests and wills freely dispose testamentary heir apparent conflict of balance, to solve the succession problem currently facing our country has positive reference.In this paper, the authors use a standardized analysis, sociological analysis, methods of history analysis and comparative analysis, etc. In the legislative experience of others’ country on the basis of the special share system introduced into China mainland operabilitity comprehensive analysis; combined with China ’s compulsory portion system, to build the system of legal conditions of our country’s own proposals.Specifically, we can reasonably legislative style system design, and coordinate with the forced heirship system parts must remain clear rights subject scope and sequence, designated parts of Portion share, to clarify the basis for calculation of forced heirship and deductions, supplementary forced heirship waiver and loss system.