Reason Analysis Of The Conflict Between The Inheritance Custom And The Law

It has been almost thirty years since the promulgation of the Law of Succession of the People’s Republic of China (the law) in1985. However, the folk inheritance traditions dating back to thousands of years ago still play a part in guiding and regulating people’s behaviors in China’s inheritance practices. Developed from years of practices and influenced by various factors, the role of the folk inheritance traditions can hardly be changed within the short period after the introduction of Western "rule-of-law" belief and the promulgation of the law. In reality, inheritance practices based on folk traditions still exist considerably.Given her personal experiences, the author tries to illustrate the value of inheritance traditions by pointing out the differences between inheritance traditions and the law, sorting out the developmental sequences of Chinese inheritance traditions, analyzing the main factors accounting for the current German inheritance system, and comparing the developmental differences and factors between the Chinese inheritance traditions and the German ones.The first part indicates the conflicts between the Chinese inheritance traditions and the law by illustrating the author’s personal experiences and points out the essential role played by the folk inheritance traditions in everyday inheritance practices through the author’s investigation.The second part sorts out the historical developments of Chinese inheritance traditions. It analyzes the influence of Etiquette in Confucianism and characteristics of Chinese ancient inheritance system and tries to find the reasons why these traditions were formed. Moreover, it recognizes the value of inheritance traditions by illustrating the reservation of them in the Qing Dynasty’s legal code.The third part introduces the German inheritance system and its development, and analyzes the influence upon it in terms of churches, Canon Law and ethnic customs. Furthermore, it also displays the importance of inheritance traditions in German law by demonstrating the effect of Common Law exerted on the development of the inheritance law in Germany.The last part, the most important one among the four parts, summarizes and analyzes the various factors that have influenced the Chinese and Germany inheritance system and people’s beliefs about inheritance in China and Germany. In addition, it compares the differences between the two and analyzes the reasons for the distinctions. Finally, it concludes that the traditional conventions have played an indispensable role in both western and Chinese inheritance practices and should be valued in China’s construction of modern legal system.