The Inheritance Settlement System Of China

Will die in our country citizens later inherits the start, to protect successor’s legitimate rights and interests, will formulate the inheritance law according to "Constitution of the People’s Republic of China" to protect the inheritance successor’s benefit. But along with the reform and open policy unceasingly thorough, the social economy progresses unceasingly and develops, the commodity economy is prosperous gradually, the private economy is gradually active, presents the massive inheritance creditor benefit in the social practice not to be able to obtain the protection case. Our country current inheritance law has not been able the full adjustment inheritance successor, the inheritance creditor and is related the obligee the benefit. Inheritance law before inheritance division, the inheritance scope, inherits the order, the inheritance pays off the stipulation to be too simple. This article will try under the original inheritance law unconditionally qualified inheritance premise, will set up our country inheritance settlement system, will let the inheritance inherit can carry on reasonably. The establishment consummation inheritance pays off the system, may protect the inheritance creditor, the inheritance successor, to be related the obligee the benefit, may make up the flaw which our country’s inheritance law legislation exists, the even horizontal inheritance successor, the inheritance creditor and are related the obligee the benefit, avoids having each kind of social dispute, reduces the social pressure. Manifests method the standard and the guidance function, manifest method security value. The article mainly includes following four parts:The first part mainly passes analyzes our country present inheritance law excessively the flaw, mainly induced into our country present inheritance law lacks the protection inheritance creditor benefit seriously the related stipulation, our country had stipulated qualified inheritance’s principle lacked regarding the inheritance discharge order concrete provision, our country inheritance law stipulated has not carried on the explicit limits to the inheritance scope, our country inheritance law accepts and gives up the inheritance regarding the successor the stipulation insufficiently being clear about several aspects. Investigates its reason, was mainly because of our country inheritance law promulgation in1985, this time our country was being in the reform and open policy the initial period, the economy falls behind, the living standards were quite low, only has realized the warm and sufficient condition initially. But in our country’s economic system, the private economy and collective economy’s proportion is oversized, the people have the private property accumulates very limitedly, the inheritance law which in addition our country promulgates mainly devotes to the inheritance successor benefit protection, constructs the retirement to nurture young children the society, but has neglected the inheritance creditor’s benefit.Second part of main explanation inheritance control system important component’s inheritance discharge has not given in our country present legislation to stipulate explicitly that these principled greatly strengthened superficial stipulation lacks the feasibility, serious influence to creditor benefit protection. This chapter mainly through related inheritance discharge sets up the legal regulation to the mainland legal system country and in the UK-US legal system country legislation to elaborate that advanced, the comparison, the analysis, then summarize can profit from and conform to our country national condition some principles and the system for our country.The third part mainly through carries on the proof to the inheritance settlement system’s elementary theory, proposed that our country constructs the inheritance settlement the necessity, the main summary for the socialist market economy development’s demand, the balanced inheritance successor and the inheritance creditor’s conflicts of interest, the inheritance settlement system is the inheritance law core, the legislative style and the legislative technology need, to participation inherits relational the main body existence important meaning, inherits the case practice work the need and so on several aspects.The fourth part has first been clear about the inheritance settlement system’s two premise question, namely the inheritance successor accepts and gives up the deadline to the inheritance the stipulation as well as is clear about the inheritance the scope. And through to the inheritance control system, the inheritance declaration with pays off the system, the inheritance keeps the share system especially, the inheritance distribution system and so on several aspect proofs, to constructs our country inheritance settlement system to put forward the related proposal.