Study On Modification And Perfection Of Current Inheritance Law

The Inheritance Law of China was promulgated in April10,1985and toke effort inOctober1,1985. This is a brief law with5chapters and37articles. At that time,inheritance dispute was not common, so the brief law was matched to the society.However, from the view of current situation, many important rules are too sketchy andcan not adapt to the needs of society. What’s more, the promulgation and modificationof many related laws also appeal the inheritance law to make correspondingmodification.28years has been passed from the promulgation of current inheritancelaw, the social productivity is promoted by a huge extent. People have much morewealth now, and the issue of inheritance is becoming more and more important for them.The number of nuclear families is increasing in the persistent pushing of one-child-policy. One of the results of the policy is the change of heir structure. This factor alsoasks for the modification of current inheritance law. Under the above legal backgroundand social background, the modification of inheritance law has been included into thelegislative work.Civil inherited habits are rules that recognized by most people. They have their ownfeatures in many aspects like heritage scope, heir system, testamentary succession, theestate management, and heritage debt repayment. This paper attempts to put forward itsown proposals to the modification of inheritance law from the perspective of the civilinherited habits. Inheritance law and the civil inherited habits not only conflict but alsocooperate to each other. They are different in heir scope, heir order, heritage scope andway of dealing with heritage. But on the other hand, inheritance law respects civilinherited habits and they complement each other in the process of adjusting socialrelations.In the process of modifying the inheritance law, we can absorb the outstanding civilinherited habits which can be divided into two kinds. One kind of outstanding civilinherited habits is used to make the existing rules more particular and practicable, suchas heir scope, heir order, heritage scope and way of dealing with heritage. Another kindof outstanding civil inherited habits is used to fill the blank of the inheritance law, suchas inheritance contract rule and deduction rule.