Research On Heritage Distribution System And Historical Research On The Heritage Distribution System Of China

The system of claiming for legacy distribution is a system that people who are not theheir but depending on the dependency relantionship with the decedent can claim for legacyafter the decedent having died.For this system,the Succession Law of the People’s Republicof China,Clause14provides it.This system plays an important role in perfecting our country’sinheritance system,at present,it can make people who are not the heir but depeding on thedependency relationship with the decedent obtain the decedent’s estate.From the system’s basic point,this article discussed its concept,characteristics andfunctions.At the same time,this paper also focuses on the system’s historical development inthe research.On this foundation,the paper returns to the reality of our country at this stage,andexplores reveleant issues of this system,and analysis some deficiencies of this system at thisstage.Finally this paper put forward to some suggestions to supplement and perfect thesystem,and hope that it can provide a point of view in the amendment of the future.Besides introduction and conclusion,this paper is divided into four parts.The first partmainly discussed the concept,characteristics,and foundations which can encourage privatesupport,expand the scope of beneficiary and solve difficult cases of the system.The second part makes a historical research.From the Western Zhou Dynasty to thecurrent inheritance act promulgate and carry out,this system is divided into two stages.Thefirst stage was defined as the period of feudal society,From the Western Zhou Dynasty to thelate Qing Dynasty(including the Late Qing Dynasty).In this stage, this paper concludes theProperty Inheritance System including statutory succession,testamentary succession anddesignated successon,But this system plays an complementary role.The person of claiming forlegacy distribution includes the son-in-law and adopted son of the opposite sex.They can havethe right of claiming for legacy is because there are Dependency relationship between themand the decedent, to support the decedent or rely on the decedent’s dependency.The secondstage is the modern period of this system, from the Republic of China to implementation ofthe current inheritance act, Researching in the stage, This paper comes to conclusion thatthere was a big change in this system is that specified this system in the text of the law by theimpeovement of legislation technology. And also the scope of the person of claiming forlegacy distribution had very big change,showing open, and inclusive of the situation. As long as there were dependency relationships between the person who are not the heir and thedecedent, The person who are not the heir can have the right. This paper also analyzes theorientation of the value of the legislation, and concludes that it should be to encourage moredependency relationships of civilian.The third part is the return of reality, discussing some problems of the current stage ofthe system.This paper discussed the legal right of the right of claiming for legacy distribution,the priority validity, the conditions of the right that the dependents can have, the conditions ofthe right that the maintenance man can have, the amount of the heritage that should be divided,and the enforcement and protection of the right of claiming for legacy distribution, andanalysed the existing deficiencies.The fourth part for looking the stars. This paper advice some suggestions for the legalright of the right of claiming for legacy distribution, the priority validity, the conditions of theright that the dependents can have, the conditions of the right that the maintenance men canhave, the amount of the heritage that should be divided, and the enforcement and protection ofthe right of claiming for legacy distribution. This paper defines the legal right of the right ofclaiming for legacy distribution as creditor’s right, consides it has the peiority validity,discusses the conditions of the right of the person separately, thinks that the amount of theheritage that should be divided have five points should be considered, including the situationof the dependents, the maintenance men, and the heir, the decedent’s meaning, and the amountof the heritage.,This paper also put forward to modify the term of protection of the existinginheritance act in lawsuit.