Inheritance Issue Research About The People Have Inheritance Of Each Other Are Dead In The Same Accident

Inheritance legal system, as an important part of the social system, and everyone isclosely linked, maintain legal rights and interests of heirs, family relationship and harmonyand social stability is very important. It must reflect a country people in the long life of theformation of the property inheritance ideas and property inheritance habit, be abidedconsciously, can adjust the needs of people property inheritance act.The people have inheritance of each other are dead in the same accident, and cannot bedetermined the time of death, how to presume the order of victim and to resolve the followinginheritance issue, the inheritance law of our country is not stipulate to this problem, onlymake principle provisions in《The supreme people’s court to carry out about carrying out <succession law of the People’s Republic of China> opinions on some issues》of article2in1985. Inheritance habit of the common people and this judicial interpretation are verydifference, and this judicial interpretation to be ordinary people is not easy to understand andmaster, theory and judicial practice have controversy, the judgments of different regions of thecourt is not same, and do not have very strong operation.In recent years, scholars are pay greater attention to modify and improve the marriagelaw and the civil law, but, to the inheritance law especially inheritance issue about the peoplehave inheritance of each other are dead in the same accident is little, this problem is onlyfound in all kinds of Inheritance monographs.This paper attempts to use the comparison, according to propose, analysis and solveproblems, to this problem are discussed systematically, draw the lessons from the advantagesof legislation of foreign, Hong Kong, Macao, and Taiwan, the practice operation, changes ofinsurance law and the common people inherit habits, and puts forward improvementsuggestions of the relevant regulation of our country.This paper, besides the introduction and conclusion, is divided into the following sixparts:The first part, put forward the problem. Drawn by the typical cases to put relevant legalissues, influence of presumption of death to the starting time of the inheritance, heirs range, heritage range and other inheritance issues.The second part, implications of the research. Presumption of death is not only related tothe scope of heirs, scope of heritage, but also related to the legal rights and interests of heirs,the relationship between relatives, the family harmony, the stability of society, and inheritedlegal system of a country.The third part, advices form others—investigate the related legislation of foreigncountries, Hong Kong, Macao, Taiwan. This paper lists the Great Britain, the United States,Germany, France and Hong Kong, Macao, and Taiwan legislation, mostly presumed death atthe same time, and allow the younger generation lineal generation inherited. Especially inFrance, from the earliest according to age, gender presumed death is modify at the same time,to adapt to the development of The Times, equal protection of the interests of the various heirs,according with the core function of the succession law.The fourth part, investigate the related legislation of《Insurance Law》of China. The new《Insurance Law》paragraph2of article42, increases “the beneficiary and the insured aredead in the same event, and not sure death order, presume beneficiary is earlier”. To protectthe interests of the insured and their successor, promote insurance claims speed and efficiency,but also reduce the inheritance disputes, save the judicial resources.The fifth part, related survey and analysis of the inheritance habits of the common peoplein Mainland China. According to Chen wei professor in2005, the investigation of theinheritance habits of the common people in the Chinese mainland, the inherit habits of thecommon people and judicial interpretation are very different, they are more likely topresumed death at the same time, each other do not inherit. Because they are pay moreattention to fair and relationship.The six part, Mainland China regulation problems and the improvement suggestions ofthe regulation. Inadequate: there are three presumption ways:1. according to whether thevictim has heir, presumed the victim who has not heir to dead first;2.each victim has heirs,but their seniority is different, presumed the elders to dead first;3. each victim has heirs, theirseniority is same, presumed they are dead at the same time, each other do not happeninheritance, their heritages by their heirs inherit respectively. The above presumptions makethe program inheritance is complex, which is unfavorable for the protection the inheritance ofsurvival heirs. Improvement suggestions: presumed die at the same time, each other do not happen inheritance, and allow the younger generation lineal generation inherited. Such is easyto judicial operation, accord with the common people inherit habit, to protect the interests ofthe heirs, and can play role in core functions of inheritance system to seek his near relativescontinue to support in order to reduce their possible material life predicament.