The Heirship System,

As a private law, the civil law which regards self-government isone of its basic principles claims personal rights. The will freedom isthe manifestation and implementation of self-government in the civillaw inheritance domain. Has the civil law autonomously to be supposedto have the will to be free. The law protects citizen its individual legalproperty, so that they may freely dispose it by the will way. Thefreedom is not absolute, according to Marxist philosophy view,freedom should be limited by the discipline, which receives thehistorical condition restriction locally, the economical limitation,cultural limitation, as well as the political limitation. Especially fromemphasizing personal rights to the present emphasizing freedom in theview of the social interests, the individual freedom should be unifiedand tuned according to the society's whole freedom dialectically.Forced headship system is a appropriate limitation to testamentaryfreedom, which origins from the ancient Rome law and now alreadybecomes one kind of chief limitation to testamentary freedom invarious countries' law system. Along with our country economy,society's fast development, people who dispose their personal propertyby the way of free will have become more and more, herein the amounthas become more and more big, but the existing inheritance law hasexposed weakness and limitation to the aspect of testamentary freedom.Therefore, this article suggested our country establishment forcedheadship system in inheritance law.This article by the philosophy analysis method, the sociologicalanalysis method, the economic analysis method, the history studyanalysis method, as well as the comparative analysis method, discussesour country inheritance law system the necessity and the feasibility toadoption of forced heirship system.Except the foreword and the conclusion part, the main text maydivide into four parts: The first part introduce the forced heirship outline, explaining theconcept of forced heirship, analysising its' nature. Forced inheritanceshare refers to some inheritance that the deceased have no right tocancel, which enjoys legally by the certain scope in legal heir. It is onepart of the inherited property, the non- successor does not have to enjoy.Forced heirship which lies in specific status relationship between thefight person and his or her ancestor, is one kind of property right ofinheritance.The second part of elaboration herein we insist the importance ofour country on establishment of forced heirship system. This partcompares the existing compulsory portion law system in our countryinheritance law with the forced heirship system, furthermore proclaimsforced heirship system the rationality. After that in the view of therelationship between freedom and limit, the need to defend the familyethics, the analysis of cost and the income benefit, our countrytraditional inherit aspect and so on system characteristic this partelaborates the necessity our country to establish forced heirship systemThe third part through the comparative analysis main mainlandlegal system country and our country Taiwan, the Macao area's forcedheadship system stipulation, discusses the feasibility and the pattern toestablishment of forced headship, as a important reference to ourcountry to establish such law system.The fourth part on the basis of analysis of the forced heirshipsystem in various countries, links to our country reality, propose theconcrete conception that our country establish this law system.