The Research On Spouse Inheritance System

Spouse inheritance is the right of inheritance that the legitimate spouse enjoys to heritages of the other. Spouse heirs and consanguineous heirs are two kinds of main heirs in modern inheritance system. Influenced by traditional inheritance customs, consanguineous heirs are greatly focused on, while spouse heirs who have close relationship with deceased are comparatively ignored. The current Chinese inheritance system was established under the planned economics system, at that time, inheritance relationships are very simple because Chinese residents didn't have many properties, the significance of inheritance law was not noticed because legal education and researches were recovered for a short time. Therefore, the inheritance law provides the legal protection of shareholders'interests roughly, related regulations are also lacked.Nowadays, Chinese socialistic marketing economical system has already established, people's living standard have been promoted greatly, the quantities and kinds of people's properties are also increased continuously. Among all kinds people's relationship with each other, spouse relations become more and more important.《The Inheritance Law of the People's Republic of China》can't meet the need of modern economic and social life when it dealing with inheritance relationships under new situations. Nowadays, foreign laws all pay attentions to the protections of spouse relations and spouses' interests, and provide special and concrete provisions to spouse inheritance. Therefore, under new situations, the researches on spouse inheritance system have great meaning to the perfection of《The Inheritance Law of the People's Republic of China))By expounding two cases, the paper introduces the Chinese spouse inheritance system provided in《The Inheritance Law of the People's Republic of China》, and discusses its shortcomings under modern economic and social situations. By referring relevant provisions of laws of foreign countries, Hong Kong, Macao and Taiwan, and relevant investigation reports of domestic scholars, the paper puts forward suggestions in perfections of Chinese spouse inheritance system. The paper expounds above mentioned points in fives parts.The first part is the introduction of the matter. In this part, by expounding two relevant cases from real lives, the paper introduces some questions related to spouse inheritance:what is spouse inheritance? What is the basic content of spouse inheritance? The relevant provisions and shortcoming in《The Inheritance Law of the People's Republic of China》; The relevant provisions in laws of foreign countries, and references china could refer; to the current Chinese relevant provisions and phenomenon of spouse inheritance infringements in societies, in what perspectives china should perfect.The second part is the definition and basic contents of spouse inheritance. In this part, the paper introduces the basic theory of spouse inheritance, including the definition, features and basic contents of spouse inheritance.The third part is the relevant provisions and shortcomings in《The Inheritance Law of the People's Republic of China》. In this part, the paper expounds the current Chinese spouse inheritance system briefly. By referring investigation reports of scholars, the paper analyzing the shortcomings of the current Chinese spouse inheritance system from the perspectives of customary law, economics, sociology and so on.The forth part is the comparison research of spouse inheritance system. In this part, the paper mainly researches on relevant provisions of laws of foreign countries, Hong Kong, Macao, Taiwan and so on, compares and analyzes their legislative experiences and references.The fifth part is the perfection of the Chinese spouse inheritance system. In this part, by absorbing Chinese traditional customary inheritance, referring legislative experiences of foreign countries, following current global legislative tendency, the paper puts forward suggestions from perspectives of testate succession and intestate succession. To the dispositions of heritages, the paper advises establishing donation blunt calculate system to ensure that spouses'inheritances are protected equally.