The Study On The Abandon Inheritance Protection Of Stakeholder Interests

With the increasingly complex relationship between citizens’private property, the inheritance law’s role in the social life increasingly in the limelight. In judicial practice, the case disputes have been caused by inheritance, but due to the inheritance law was promulgated earlier, the rules is too delayed, has been unable to solve new problems in the new dispute, led to give up heir to protect the rights and interests of creditors and spouses who are missing. With The supreme people’s court on the applicable <marriage law of the People’s Republic of China>(3) the explanation of some issues promulgated, the right of claim for Division of property from a spouse provision had been made, but there is no clear successor who disclaims inheritance, spouse of the corresponding right. This article on this question using several methods such as case studies, comparative analysis, attempting to improve the relevant provisions of the inheritance law and protecting the rights and interests of the creditors and spouses make useful help.Removed introduction and conclusion, this article can be divided into four parts.Part one overview of inheritance and protection of stakeholder interests. Introduces the inheritance the meaning, nature and constitutive requirements of the system, and on this basis introduces interested persons associated with inheritance.In the second part, analysis specific issues that affected interested parties. By analyzing the inheritance system in the various elements that may affect the interested person, combined with foreign legislation experiences, points out the shortcomings and deficiencies of the inheritance law of China and may cause damage.The third part is the analysis of relevant interested parties protection measures. Combining inheritance systems, respectively, for the protection of the interests of creditors and spouses set out measures were analyzed. Through different cases of labor leads to controversy and academic perspectives, discusses the remedies of interested persons.The fourth part recommendations to interested parties protection measures. This part is mainly from the legislative level and set out concrete measures. Combined with earlier deals put forward specific proposals for perfecting the relevant provisions of the inheritance law, and States that the measures protecting the rights and interests of creditors and spouses.