Inheritance Rights, Loss Of Institutional Research

The rule of disinheritance is a very important part of successionlaw.This article will compare national and foreign legislations toresearch the rule of disinheritance of China,as well as to point out it'sshortcomings,to analyse the reasons and eventually,to table a proposalfor perfectness of this rule.This artice consists of four chapters,accounts abount 38 thousandChinese characters.ChaterⅠis Basic Theories,which introduced the consept andcategories of disinheritance,as well as the history of disinheritance.ChapertⅡis Legislations from Foreign countries, HongkongSAR,Macao SAR and Taiwan district.,which introdeuced and discussedrelated legislations from the above countries and districts.ChapterⅢis Theories and Practice of the Present Rule ofDisinheritance in Chinese mainland,which discussed about the limitationand problems appeared in academic circle and legal proceedings inChinese mainland.ChapterⅣis Proposals to Perfect the Present Rule of Disinhritancein China,which is based on all the discussions and conclusions from theabove chapters and summarized by the the author.This artice mostly discusses about the legislative modes andlegislative contents of disinheritance on the base of introducation andcomment on related legislations from foreign countries, HongkongSAR,Macao SAR and Taiwan district.As for the legislative modes,Single-mode is adopted in China'spresent rule of disinheritance,which accords with China's relatedlegislations and social actuality. Therefore the author aprrove of theexisting system.The legislative contents includes the matters of disinheritance andthe efficacy of disinheritance,among which the author focuses on theformer part. China's present rule of disinheritance prescribes four kinds of matters of disinheritance,of which the unperfect regulations often leadto inaccuracy of comprehension and troubles in legal proceedings.Allowing for that most of these matters are always under domination ofboth civil law and criminal law,the author,by the help of theories ofcriminal law,combining legal practice, discussed about several mostcontroversial issues in present academic circle in China.The authorbelieves that he had gone deep into the nature of all the above problemsand had found the key to them.As for the efficacy of disinheritance,the author focuses on thequestion about whether the lineal desendents could subrogationallyinherit the disinherited person.Having compared two different theoriesabout the nature of subrogation,the author pointed out the rationality ofendowing the lineal decendent of the disinherited person withsubrogation.In the end, combining related legislations from foreign countries,Hongkong SAR,Macao SAR and Taiwan district, on the base of aboveadequate discussions, the author tabled a proposal on how to perfectthe rule of disinheritance in China.