On Perfecting Chinese Legal Inheritance System

Inheritance legal inheritance are often called the intestate, it refers to the provisions of thelaw directly to a succession of heirs scope, the order and the heritage of the principle ofdistribution."The law of succession of the people’s Republic of China"(hereinafter referred toas the "law of succession") by April10,1985sixth session of Third National People’sCongress, shall enter into force as of October1st of the same year as China’s first civil law.Promulgation and implementation of "law of succession", make our legal system ofinheritance has provided the systematic, complete, the second chapter of the scope of legalheir and sequential, subrogation and heritage distribution are more clearly defined. Theprotection of citizens right to inherit property, enhance mutual aid among family members inunity, promote social and economic development, stable social order, has played a positiverole. However, with the change of the rapid development of economy and society quickly, theoriginal on the scope of legal heir and the provisions of the order, is still appropriate, caused alegal dispute, the scholars Public opinions are divergent., Different people, different views.The main point of contention is whether the following problems: the range of legal heirsshould be expanded; whether the spouse, parents should adjust the order of succession;whether widowed daughter-in-law, son-in-law and stepchild’s inheritance should be abolished;consanguineous heirs sequence should be arranged; the question of the right of subrogationinheritance. The following chapter mainly discusses the problems such as the order ofsuccession to the range of legal heirs and their spouses and relatives successor, put forward toperfect Chinese legal inheritance system measures and legislative proposals.The introduction explains the reason I study the legal inheritance system and thepractical significance, the present stage our country scholars in improving the research ofstatutory succession system, and in the process of writing research ideas and reasoning.The first chapter through several case reflects the defects of Chinese legal inheritancesystem, emphasizes the necessity of China’s current legal inheritance system: by the Sichuanearthquake inheritance problems that heirs scope too narrow defect;"the emperor inheritancecase" raises our country inheritance order by unreasonable problem;"mother killed hisbrother" case highlights the unreasonable provisions of our subrogation inheritance system;with a short marriage and inheritance case shows a succession of spouses; by the heritageroom Split case critical leakage loss of our spouse usufruct of immovable property. And thenintroduces the present situation and the legislative background of Chinese legal inheritance system, pointed out the existence of Chinese legal inheritance system problems andshortcomings, mainly heir overall range is too narrow, spouse, parents, the order of successionand succession by subrogation and other issues, and analyzes the defects of the legalsuccession system in our country, including the theory of cause level and practical level.The second chapter by reference to the legal scope of inheritance legislation of foreignadvanced countries and regions, combined with the reality of our country, propose will be heirchildren base lineal blood, decedent three dear, dear, collateral blood relatives and fourcollateral blood descendants included in the scope of legal heir, and cancel the widoweddaughter-in-law, son-in-law and following children’s inheritance rights specific suggestions toperfect the legal heir range.The third chapter uses the comparative method, in succession by subrogation nature,"Representation" and "comparing inherent power", were compared in succession "per capitashare admiral said" and "the shares are from the". By comparison and analysis, suggestion ofour country legislation adopted "Representation" and "per capita from".The fourth chapter is a reference to foreign advanced countries and regions legal order ofsuccession legislation, focusing on the various countries and regions in the three legislativesystem inherited in the inheritance system--dear, kin succession and relation with dear, bothinheritance system, and analysis of the system is reasonable and the deficiency; the other onone hand, the different views of domestic scholars on the adjustment of the legal order ofsuccession. Deeply analyse the consanguinity succession system, combined with the changeof blood heirs scope, China adopts relation and dear, both inheriting system will be inheritedto adjust the order to five order of succession, and expounds in detail the provisions.The fifth chapter will be the spouse is not fixed in a certain order of succession and todetermine the priority of statutory succession of spouses share, stipulated spouse priority andthe usufruct of immovable property system.Conclusion the author all suggestions, forming a complete set of legal succession system.