Study Of Deduction System In Heritage Segmentation

The principle of fairness in civil law are considered to maintain the last bestprotection, legal derivation efficiency. Succession begins at the death of a citizen, at thistime, in addition to determine shall accept the heiress, another important issue need todetermine is the scope of the property should be followed, especially to be inheritedbetween before his death and heir made about the gift, should determine the allocationof this issue in the inheritance. For this problem, many countries of continental lawsystem in their civil code stipulated the division deduction system, want to through thissystem to reflect the heritage of the segmentation process fair, so as to protect theinterests of the parties better. Of "Article13of the Succession Act provides that: Heirwho take their primary caregiver obligations or may be given a larger share in thedistribution of assets when the common life of the decedent. China has not established asystem of normalized deduction defects of this provision to make up to some extent, butbecause of its provisions do not fully normalized deduction system maintenanceco-heirs equitable benefit can not be fully achieved, it is difficult to pursuit of the fairvalue of the fundamental law of succession, do universal law equitable. Some scholarsbelieve that this is China’s "Law of Succession" legislative loopholes should besupplemented, scholars believe that China’s no need to introduce the normalizeddeduction system. This paper normalized deduction system lacking in the distribution ofour heritage as a preliminary study, the need to introduce the system of heritagenormalized deductive on China, our Research and other issues were discussed and thecombined foreign legislation, trying to find a best suits the national conditions of Chinanormalized deduction system built on China system of heritage normalized deductionconcrete ideas, I hope to be useful in the revision process of the "Law of Succession".The first part describes the Common heritage the history of the system and thelegislative situation at home and abroad，as a reference cited over the legislativesituation in France， Germany， Italy and other in-depth understanding of thecharacteristics of the Common heritage system，by contrast to the national situation,，and from China the Inheritance Law realities of our traditional Common heritage，andthe legislative status of China’s Hong Kong，Macao and Taiwan regions.The second part of the combination of the current situation of our country，ourcountry does not have a systematic analysis of owned by the deduction system，with real life combined analysis of Common heritage the need to safeguard the interests ofequitable system should be set up and established in China Common heritage.Last butnot least，summed up the significance of the summary，the feasibility of the system toestablishment the normalized deduction system.The third part of trying to find a Common heritage system suitable for China’snational conditions，Common heritage system theory conceived，from the scope of thenormalized deduction system (including main scope and Naturalization deduction of theproperty)，the Common heritage system calculated standards，effectiveness，eliminatingone by one，and foregoing finishing Protection Law，and improve the various aspects ofthe problem as a legal system that may arise，put forward legislative proposals forChina’s "law of Succession" modify.The conclusion part summarized the previous segmentation, caused people torethink what the deduction system of heritage are.