On Heirship System

The Civil Code in the most countries of the world, including China's Macao and Taiwan, give certain restrictions to the freedom of making testament and establishment the system of Special Portion, in oeder to protect the interests of decedent's blood relatives and spouse .China's law of succession does not establishment the system of Special Portion, besides in the 19th article stipulates that "the wills should give necessary part of heritage to the successors who have no ability to work and no source of livelihood " and in the twenty-eighth article stipulates that "when the legacy of partition, it should reservations share of inheritance for fetal. " known as China's " were advised to stay "system. However, it different from the system of Special Portion, there are some advantages, but more disadvantages. So, it can't meet the needs of the dispute settlement of the succession, " mistress inheritances case" had no satisfactory solution is a very typical example.The right of inheritance from the family ethics. Legacy gift is a part of inheritance system , so, it shall not be contrary to family ethics. It should not be allowed to use wills to deprive the right of inheritance of innocent heirs. In that case, can the rights of the recipient be arbitrarily deprived ?How can testamentary freedom of citizens be restrictions? How can we effectively protect the rights of testamentary disposition of property freedomly, while take care of the legal heirs' inheritance rights. That it what the Special Portion sysem can do.In constructioning the system of Special Portion, most countries in the world have formed a complete system. However, in the system of different countries, although there are many similarities, but there are some differents each other. China should learn from other countries and regions in the world, and explore to establishment the system of Special Portion, which with Chinese characteristics and have a suitable condition of our country.The author researchs the system of Special Portion from the concept , the nature , the origin and legislative of the system. On some issues, the author also states her views. she analysis the system of Special Portion of France, Germany, Japan, Italy, Switzerland, the Soviet Union, China's Taiwan and Macao, and comparisones all the aspects of the system. On this basis, stay in our strengths and weaknesses of the system" were advised to stay ", author uses advanced experience from abroad and combine characteristics of China's law of succession and the actual situation to give the recommendation how can build a special Chinese characteristics of the system.In this paper, the author use empirical analysis, historical research, comparative analysis to expand on. On the text of each issue, she have done the best thinking to find the text of national laws, to strive for error-free and carefully put forward her views and ideas. Both draw on previous studies on the place, but also have development improvement.In addition to the introduction , this paper is divided into four parts , the main structure is as follows.The first part discussion the problem that china missing the system of Special Portion . It contains the concept of the system, the nature , the Origin and formation of the state of modern legislation, and analysis the characteristics of China's" were advised to stay "system. Difference with Special Portion system and its advantages and disadvantages .The second part analysis the special purpose of the system remain. So that readers can learn more about the importance of the special portion system.The Content of the third part is that analysising from the special issue of the rights of people , share, preserve, give up and deprived and their statute of limitations, such analysis of the system of Special Portion can lay a solid foundation for the mainland China to built Special Portion system.The forth part make recommendations to built the system of Special Portion of china .In the paper, the innovation lies in the fact that firstly built the system of Special Portion with Chinese characteristics . Secondly, demonstration the significance of Special Portion system from the angle of ethics. Thirdly, built the supporting system of the special portion system simplely.