The Study On Several Issues In Heritage Succession

China’s prevailing “Law of Succession of the People’s Republic ofChina”(“The Law”) was issued on April10,1985and enforced on Oct.1,1985. It has already been applied for over27years with only total37provisions. If to include the63Opinions (“The Opinions”) publishedby the Supreme People’s Court on Sept.11,1985regarding the enforcementof The Law, the grand total is still only100articles, there is no furtherrevision even since.In order to safeguard the lawful rights and interests of the heirs, defendthe ethics among the relatives, support harmonious family relationship,maintain good social order and morality, and construct a stable, unitedand harmonious social environment, certain amendments are necessary tobe made to The Law.This thesis will illustrate through several established cases, providesolid evidences of these cases, make comparisons of related provisionsin both domestic and foreign Laws of Succession, have academic analysisand discussion on the existing problems in our heritage succession, asin the actual applications in China on forfeiting the right of succession,statutory order of succession, distribution of statutory shares of estateetc. according to The Law. The author puts forward the below rationalproposals by trying to integrate the actual conditions in our legalcommunity:①Except for the three essential conditions provisioned inArticle14of The Opinions, new clauses can be added when drafting new judicial interpretations; or delete the four Chinese characters “gravityof the circumstances” inside the sub-item4under item1of Article7in The Law.②To add one “fraudulent litigation crime”; to increase thepenalty benchmarks in item1of Article104of “Civil Procedure Law ofthe People’s Republic of China” to below RMB300,000for personal fineamount, and penalty amount of less than2times of object of civil actionif it is over RMB300,000.③To clarify that the heir who maltreatsthrough action of omission with serious nature, or abandon a person withno capacity will be disinherited.④To appoint the testament executor tothe heir with limited guardian.⑤The parents of the ancestor should bedeleted from the list of successor first in order; they should be put asthe successor second in order.⑥To increase the successor order to thefourth degree of kinship.⑦To increase the types of testament; oraltestament does not need witness under special circumstances, i.e. insidea falling plane or no hope of survival because of natural disaster etc.⑧To clarify the shares of estate.⑨The confirmation of the right ofsuccession for the only child in the family should be realized throughdrafting special procedures.⑩The issues of preventing moral hazard inthe successor application system and the Law of Succession.