The Thinking About The System Of Right Of Succession For The Step Parents And Children

The continuous increasing of the remarried families make that the heritage dispute between the step parents and the step children was also increasing . However the regulation of our country's law about the inheritance between the step parents and children is Relatively shallow , so it has some defects in the aspect of its technological and social adaptation ,and can't have meeted the need of our country's rapid economic development needs yet. This ariticle would come up with some superficial idea to consummate inheritance institution about the step parents and children,through analysing a statutory inheritance disputes case .The full text ,in addition to the preface and epilogue, is divided into three parts ,and have a total of more than 16500 words:The first part is the legal case and its controversial focuses . Briefly introduce the case of this legal dispute and summarize its controversial focuses according to the case: 1. The problem about the effctiveness of the testament without some formal requirements ; 2. The problem about the range; 3. The problem about the right of inheritance between the step mother and the step daughter; 4. The problem about the abdication of the inheritance right .The second part is the disagreement and legal analysis of this case. Smmarize the disagreement of this legal case according to the controversial focuses and analyse it with our country's current law. First of all ,the testament wrote by someone else is invalid because it do not meet the formal requirements of our country's law. so this legal dispute should be disposed in accordance with the statutory inheritance. Secondly ,the deceased XiMoumou and XuMou mou didn't have the agreement about this controversial current deposit obtained during the existence priod of their marriage relationship. So this current deposit is the couple's joint property, and only the half of it belongs to the legacy. Again, the relationship between the accuser and the deceased is the relation of the step mother and the step daughter forming maintenance relation and this relationship cann't be exterminated along with the abolition of the deceased and the accuser's remarried relationship. Finally, the respondent Xu Moumou expressed that he will give up the right of statutory succession during the trial periond, namely before the bequest processing, and this declaration of intention is real and legal. So the behavior about giving up the right of inheritance is legal and valid . The third part is the thinking about the inheriting legal issues sparked by the case .1.The inheritance legislation in the future should continue to retain the regulation that the step parents and children forming maintenance relation between them have the right of inheritance with each other. 2.There should be two requirement in the meantime clearly to meet for the step parents and children forming maintenance relation:(1)The step parents and children should live a long time together.(2)The step parents have been responsible for the step children's necessary charges including life, education, medical care and other charges,or the step parents have taken care of the step children in life, haven caren for them in the emotional and given them ideological education. Meanwhile, set the exceptional circumstance for the step parents and children of forming maintenance relation:this situation that the step parents have liven together in a relatively short time with the step children , and have not achieve the formulary fixed number of year ,but in common life ,they have been responsible for the step children's necessary charges including life, education, medical care and other charges, and give enough attention, care and education in life, and the relationship between the step parents and children is very harmonious, also can be identified as having formed maintenance relationship between them. 3. Determine whether the step parents or the step children should have the right of inheritance, according to the different specific situations that the step parents and children form maintenance relationship between them. 4.Explicitly stipulate that the relation of the step parents and the step children forming maintenance relation between them is the legal fiction blood relative relations. But whether this relation would be exterminated along with the abolition of the remarried relationship should depend on different circumstances.Through the analysis ,hope that the step parents and children's relationship and their rights and obligations in our country's remarried families could be more specificly,and the author could give a small contribution to promote the family and society harmonious and steady, and consummate our country's statutory succession institution, especially the succession institution of the step parents and children.