Chinese Traditional Heir System To Modern Adoption System Changes

Divide-family-property research, ancestors of Chinese families sacrifice as a core problem, is not onlyabout their families is also related to national destiny. Since the past dynasties, whether ritual and method, folkand country of the importance of continued sacrifice. With their families and continuity and propertyinheritance as the core of Chinese traditional heir system also exist for a long time and far-reaching influence.Since modern times, with China’s social environment and the change of China’s legal system modernizationprocess, heir in legal system of making the planes were abolished, modern is now in the sense of adoptionsystem gradually established. But so far heir traditional still exist in the common folk and enacted law form aconflict situation, this had to cause our reflection.This paper is divided into four parts, First heir and modern adopt traditional concept, function, origin ofthe basic problem in microscopic observation as research point, Use historical research, comparison, semanticanalysis and logic method, From the point of view of legal culture to the analysis of the traditional heir systemto modern adoption of macro system changes. The author hope from the micro to macro, from system to theidea to adopt multidimensional analysis problems.Chapter one, clear the related concept heir, adopt, Comb heir system to the modem adoption systemevolution process. Chapter two, Analyzing the traditional heir system to modern adoption system evolution,with the changing of cultural background, the function of Adoption’s changing, the centre of the Adopt transfer,To strengthen the supervision and socialist country, National law and the change of folk law relations Five partsto interpretation The difference of they in macro. Chapter three, with the Folk heir situation and In enactedlaw reflects the traditional heir factors, to analysis the continuation of traditional heir system Under thebackground of modern adoption system. Chapter four Some enlightenment: Traditional heir system is dynamicresource, Should continue to reflect its essence; Establish modern adoption system has the progressivesignificance, But should not ignore the native culture; Pay attention to folk heir habit, reasonable guide.