Legal Analysis Of ’Luzhou Bequest’

The study of succession has been a long time in China, and ‘The Succession Law’ wasestablished based on experiences and exercises in1985. However, with the increasing classes ofsuccession types, increasing shares of succession and the enlarged scopes of inheritors, theabsence in the rule and law is also developing, which leads to a result of different judgment forsimilar cases. This worrying situation not only makes confusion for the judger during judgment,but also makes the public adrift. In the moment of modification of ‘The Succession Law’, thisdissertation focuses on testate succession, through analyzing a typical case,‘Luzhou Bequest’, itsearches the problems in the current ‘Succession Law’ in order to help the development ofjuridical practice.According to the "Luzhou bequest case", there is a law loophole in the scope of “the3rdperson” succession. Therefore, based on the legal situation in our country, the judger in this casenot only has to ensure the proper right of the testator about bequeathing his properties inconsideration of protecting the freedom of testament, but also has to make a rational decisionbased on the discretion with a view to serving the family rights of the testator’s families. Thisarticle holds the same standpoint with the judger to use the public order and good custom as thejudgment basis: Although the testaments of citizens are protected by the law, the balancebetween the citizen’s property rights and the family rights is the precondition of the protection.In this case, the action of Huang Yongbin, the testator, who bequeathed his properties to “the3rdperson” even though his had his ow families, was obviously against the “succession law”. Hisexercise of succession right was a case of right abuse, which should not be protected. On theother side, Zhang Xueying, the legatee in this case, was a “3rd person”, who had no bequestqualification because of the request that the legatee must be legal. Therefore, the judgment ofrejecting the claim of Zhang Xueying was logical.On the other hand, the procedure of trying this case was not perfect, especially the two trialcourts could not convince the public considering the problems of application of the law.Therefore, this dissertation sums up three focuses using methods of combing theoretical analysisand exercise analysis, through discussing these focuses it introduces the writer’s points to remedy the defects in the two trials.This dissertation deeply discusses and analyses “Luzhou Bequest Case”, solves publicpuzzles.