The Heirship System Research

The principle of freedom of wills is the basic principles of the law of succession in most countries of the world. But with the change of the social and economic development and people’s ideas, the necessary restrictions on the freedom of testamentary become a major trend in the world legislation. The Special portion system most countries restrictions on testamentary freedom and the establishment of a system, it comes from the expectations of the obligations on the ancient Roman and Germanic law. China’s Taiwan, Macau and Hong Kong also provides for the system of legal. Mainland China is not the system of legal provisions in our Succession Act provides for the protection of "double lack of successors and fetus so-called" must stay" system."Must leave copies of system to protect the interests of a specific legal successor to a certain extent; limit the freedom of the testator. However, due to the provisions of China "will leave copies of system is not perfect, such as style arrangements are not reasonable, the legal heirs inherit protect the interests of the relatively narrow scope of the specific scope and must remain in the size of the share and the lack of" successor other does not specify that the testator is free to dispose of the rights of the estate does not really restricted.With the rapid social and economic development as well as a major shift in people’s ideas of marriage and family life of the people has also undergone a lot of changes, a number of extramarital affairs, extramarital cohabitation phenomenon have occurred that some heirs abuse testamentary freedom against the statutory the heirs inherit interests phenomenon occur frequently. Thus, the system of intestate succession in China there are some flaws. Countries should set up laws necessary and effective limits on testamentary freedom is particularly necessary., We should learn from other countries, the system of legal and general provisions of the system of legal testator by will dispose of property other than Headship, both to protect the interests of the legal heirs and freedom of testamentary certain restrictions, while avoiding wills all ineffective due to the violation of public order and good morals, to the detriment of the rights of the legatee. In this paper, through the use of empirical analysis, comparative analysis method and historical research on the foreign special Reservation System in a comparative study, and China "must remain in the system point of view and suggestions. Finally, on the legislative experience to learn from other countries, especially the system of legal construction put forward some suggestions. The paper consists of five parts:The first part introduces the main content of the system of legal stay copies of the concept of the system, mainly from special legal characteristics and the nature of Headship three aspects described and analyzed.The second section explains the system of legal legislative situation in our country:First, China "will leave copies of system; Second, the existence of the system of legal analysis; finally, summed up the "must leave copies of" some of the system’s features, and evaluated, pointed out that one of the advantages and deficiencies.The third part focuses on the need for China to establish the system of legal. First of all, our country has no reason to establish the system of legal; Second, China should establish the system of legal argument from the theory and practice.The fourth part of the two legal systems Specific Reservation System were compared, first introduced the civil law in France, Germany and Japan, the system of legal, and secondly, the common law, the United Kingdom and the United States Portion the system. Finally, the differences between the two legal systems were analyzed and summarized.The fifth part in the four-part analysis and discussed on the basis of how to build the system of legal put forward some suggestions.