The Research Of The Heritage Range System Improve In China

The Heritage range of systems to define the connotation and extension of the heritage, to solve a rangeof issues of heritage and heritage. With the development and improvement of the socio-economic andlegislative concepts of inheritance laws in the face of the emerging practice heritage disputes can not playits due role given contention ended Fun, and even inheritance laws relevant provisions inconsistent withother provisions of civil law, damages the uniform application of the law. Heritage range system as animportant law of succession system, subject to the specific socio-economic environment and legislativetechnique, the existing Heritage range system encountered in the judicial practice a series of challenges,gradually showing its lack of design. The main shortcomings of the existing Heritage range system is:Heritage Sites defined existing inheritance laws will define heritage for personal lawful property left behindin the death of a citizen, there is a certain gap with the mainstream of the world practice, resulting in aheritage define you need to inspect the source of the heritage, this legislation is designed not only practicaloperability, and this design adds the succession unnecessary procedures, adding to the burden on the parties.Second, in heritage epitaxial identified on the existing Heritage range system summarized and cited acombination of legislative model, a simple enumeration of the specific type of heritage, identified only withthe citizens in their daily life is closely related to the seven property and property rights, identified thespecific types of heritage, many legal property of the property and property rights are not well defined,damage the integrity of the right to use the power. Large number of new property and property rights ofinheritable ill-defined, making the law of succession provisions in conflict with other existing civil law,resulting in the relevant laws and regulations are not uniform, is not conducive to judicial practice relatedproperty identified, affect judicial practice activities. Third, the design of the system, not taking intoaccount the traditions and customs of our inheritance, lack of balance each heir’s inheritance rightsmechanism can easily lead to the common heritage of the heir inheritance rights substantial inequality,contrary to the principle of equal inheritance rights.Our existing heritage range system causes of socio-economic and legal environment aspects. One hand,with social and economic development, the number and types of people can have private property has changed greatly, the original Following the the Heritage range system can not effectively regulate thesenew types of property and property rights; another aspects of the rule of law environment and conditions,compared to30years ago has changed dramatically, with the civil single law gradually improved, theoriginal civil legislation system has undergone great changes, the relevant provisions of the Heritage rangesystem can not effective coordination with the existing legislative system.The existing Heritage range Perfection, from the following aspects. Should first improve theconnotation and extension of the heritage, clear the status of the debt in the estate. For heritageconnotations defined, the timing, nature and property should be defined, no longer the source of theproblem of the heritage to explore constructive heritage sources legitimate to reduce the unnecessaryprograms heritage defined for both theoretical circles there concept of legacy narrowly generalizedcontroversial legislation should clear the debt does not belong to the scope of the estate. With theimprovement of China’s civil law, gradually improve the mechanism for the protection of property, propertyacquired through illegal means, other civil law remedies, explore the heritage of the source of problems inthe inheritance, has lost its relevance. And for the rights of private relief should pursue the principle offreedom of rights, public law should not actively intervene in the private right punishment for their rights,contrary to the principles of private rights and freedoms. On the other hand, for the heritage legislative styleselection, the Heritage range extension of regulation, China’s legislation should fully take into account thetradition of our legislation and judicial practice habits, the original legislative system, inherited itslegislative tradition, not right now summarized with enumerated combined legislative system to change the,epitaxial too narrow for the Heritage range, can be classified by the property and property rights, andexpand the extension of the heritage, the Heritage range to cover other legal determined private property,the law of succession and the civil legal system in harmony. Secondly, it should take into account thetraditions and customs of our inheritance, and other State succession to fully absorb the Heritage range ofsystem design, perfect for our heritage range system, the introduction of normalized buckle system, toexpand the scope of the real heritage, strengthening for the common protection of the right of the heirs.Modern law of succession is determined in the range of heritage on the commonly used normalized bucklesystem, to expand the scope of heritage, balanced, co-heir inheritance rights of inheritance also traditionallyowned by the shadow of the deduction system, proven system for inheritance rights in the real sense of equality, to protect the common heritage of the heir inheritance rights plays an irreplaceable role, is animportant system to solve complex inheritance disputes.