The Comparative Study Of Subrogation Inheritance System

Subrogation inheritance system is an important institution ofthe law of succession. It is a special form of the statutorysuccession system. After reforming and opening, our countryproductivity develops flourishingly, personal wealth accumulatedrapidly. In addition the social life is complicated, the subrogationinheritance system gets more and more widely applied. As an importantpart of succession system, subrogation inheritance system plays animportant role in the protection of the parties rights and interests.However, there are many imperfections about subrogation inheritancesystem in the law of succession at present. This article starts fromthe basic theory about subrogation inheritance system, based onintroducing and commenting the subrogation inheritance legislationin some representative foreign countries, and through the analysisof the legislation situation of the subrogation inheritance systemin our country, pointed out the inadequacy, put forward to perfectthe subrogation inheritance system of legislative proposals.This paper is divided into four parts. The first part: The overview of subrogation inheritance system.This part mainly introduces the concept of subrogation inheritance,historical evolution, and give a brief introduction about two kindsof theory of the nature of subrogation, that is" the representationtheory " and" the intrinsic right theory".The second part: The study of the legislation subrogationinheritance system in foreign country. The author selected severalrepresentative national legislation, introduced the legislation ofsubrogation inheritance system in these country, and analyzed thereason of subrogation inheritance, the scope of the representationheir and the subrogated successors, and the share of subrogationinheritance. Hope to have drawn lessons from these country to improveour legislation of subrogation inheritance.The third part: The situation and deficiencies of subrogationinheritance system in the present legislation of our country. Thispart analysis the present situation of the subrogation inheritancesystem in our legislation, and pointed out the deficiencies.The fourth part: The proposals on improving the subrogationinheritance system in our country ’s legislative. Through the comparison of the subrogation inheritance system countrieson above country, and analysis the insufficient of our legislation,draw lessons from the relevant national legislation experience,combined with China’s current theoretical analysis, put forward tolegislative proposals to improve our subrogation inheritancesystem.