Study On The Law Of Succession In The Deduction System

Justice is the constant and perpetual wish to render every one his due. Thepursuit of justice is the eternal theme of humanity. Justice and equality, as two basicprinciples of civil law, throughout the civil law entire system consistently. At thebeginning of inheritance, in addition to determine the successors thisimportant procedure, determining the scope can be inherited is also very necessary.The deduction system used in succession before it start, determines thesuccessors to the decedent’s special gift whether should be included inthe heritage range. Deduction system is an important legal system of the inheritance,which has special features and value. Under our Law of Succession Article13provides that at the time of distributing the estate, successors who have made thepredominant contributions in maintaining the decedent or have lived with thedecedent may be given a larger share. Although it plays a positive role to make up forthe missing in deduction system to some extent, compared to the real deductionsystem, there are greater limitations exist, and it effect the pursuit of true justice andequality to joint successions. This article will focus on the missing in deductionsystem in the current system of legislative provisions, but there are a lot similarpresence used in civil society, and in Hong Kong, Macao, Taiwan and most countrieshave regulations for deduction system. In such a situation, from a theoretical andpractical level to consider, in order to safeguard the fairness between joint successions,improve our inheritance laws, and conform to international development trends incivil laws, the deduction system should be introduced and build up in the inheritancelaws, compatible with national conditions.In this paper, drawing on the basis of previous research, carries on the discussion,comparison and analysis. Deduction system for the study, from the perspective of comparative studies and empirical research, demonstrates whether China should builddeduction system. The article consists of three parts.The first part is to introduce some basic theories of deduction system, includingthe concept, ethical values, history and legislative cases. It focuses on analyzing therelation and difference between deduction system and special portion system, andobtains the conclusion that both can and should exist in our law of succession.The second part is to discuss and clarify some controversial between thededuction system and the principle of equity, the principle of autonomy andownership theory. On this basis, discusses the necessity that the law of successionadopts the deduction system, and determines that considering our specific nationalconditions and social reality, we should build such a system to balance the interestbetween the relevant parties of inheritance.Finally, a detailed analysis of how to build our deduction system, mainlyinvolves the status of the deduction system of Law of Succession, the applicableconditions, the subject and object, the implementation and exemption, and otherissues related to the deduction system. Hope to promote the amendments onour Inheritance Law, and do what little one can to help build the deduction system inthe civil code for the future.