The Research On The Improvement Of Compulsory Portion In China

Take a review of the world’s law,every country regard freedom of testament as a basic principle of the law of succession. The decedent’s can make a will to determine the ownership of their property, which is a fundamental right of the citizens. However the freedom is not unlimited, there is only relative freedom,but there is not absolute freedom, so every county’s law has the relevant legal provisions to restrict the freedom of the testamentary. In Roman age, in order to prevent the abuse of testamentary freedom, Roman creates a system that is forced heirship. The system of forced heirship is inherited by many countries.In the civil law system, it is forced heirship,in the common law system,it is alimony, the former is designed to safeguard the interests of family members, the other focuses on the protection of the family the interests of the members of the weak. In China, the current way of the limit of testamentary freedom is certain heirdom, which is also designed to protect the interests of the weak.With the development of society, whether it is from an economic point of view or from the social environment, our current law of succession can not meet the needs of society, it is necessary to improve the law. But the improvement of the law of succession does not mean that we must adopt the system of forced heirship. Forced heirship has inherent advantages, but our certain heirdom also has its own unique advantage. In this paper, I utilize these research methods:the relevant jurisprudence, economics, civil law and so on,and use the two inheritance cases as the breakthrough point,after the analysis I have the conclusion:we do not need to set up the system of forced heirship. Although our current system has certain rationality, but the changing background and many other factors determine the existing of the problem of the system, such as the narrow scope of the rights of people, the lack of necessary relief measures. Though the contrast of the system of forced heirship and certain heirdom, I give some suggestion to improve the system and build the certain heirdom system with Chinese characteristics.