A Study On The Scope For Heritage Of Our Country

The promulgation of the Inheritance Law has protected the Citizens’personal property ownership, ensured the inheritance of family wealth, promoted the unity and mutual assistance between family members, stabilized the social relations and also played a vital role in Construction of spiritual civilization and material civilization. As we enter into a new century our social economy is booming, the wealth people accumulated is of a variety, and those lead to the inheritable heritage become much more new-type oriented and complex. Apparently the provisions of heritage range in The Inheritance Law are not suitable to the modern dynamic economy and the scale of Private property development. So The Inheritance Law is deeply needed to be amended Heritage due to its range and applicable of universality, should be concentrated reflection of the new changes that the economic system reform in our country. But several defects existing in the scope of heritage system, which easy to cause the disputes in real life, and not conducive to economic development and social stability. We should use for reference the mature heritage legislative experience form foreign developed country, combined with Chinese cultural tradition and reality conditions, build Legacy system which adapted to Chinese economic and social development. Use the law to promote economic development, guarantee citizens property inheritance, stable society and family relationship, achieve social harmony and development.Heritage only includes the legacy of active property. The range of heritage besides explicitly provided by law, should also include the possession right, usufructuary right, intellectual property rights, shareholders of property rights, marketable securities and commercial secrets.In our country, with the change of economic system, legal system environment,ideological concept, citizens have the private property, social economic relationships and interpersonal relationships, the development of science and technology in the new period, the change of the succession law legislation guiding ideology, etc, the Inheritance Law need to make changes in the scope of legacy system and perfection.In the existing scope of inheritance system in legislative system and legislative mode, the heritage of "legitimacy" limited, the shortage of incompletely legacy system etc., which runs counter to help China’s national conditions in practice, as well as not conducive to the implementation of the law, the protection of creditors, the social harmony of the family. Above all, the implementation of the law and social economy promote can’t promote each other.Legislation to perfect our heritage system, specific include the following aspects: adopt a general definition scope of heritage legislative model to replace the single enumerated type; Of heritage range extension to the real right, creditor’s rights, shareholder rights, intellectual property, securities, etc; exempt "legal" of heritage from definition; build the incomplete legacy system. To appear in the new period of the new type of property, society more special property types including land use rights, right to the contracted management of land compensation and damage compensation claims, death compensation, right of tenant, body and donation, special type housing, network virtual property, should be included in scope of heritage.