China’s Construction Of Legitim System Of Judicial Practice Research

" Law of succession of The People’s Republic Of China" and " The views of a numberof issues of Supreme People’s Court on the implementation ofˋLaw of succession of ThePeople’s Republic Of Chinaˊ"have been promulgated and implemented in1985, thesuccessor to adjust our legal relationship had a positive impact, as testamentary successionprovides a legal basis for judicial disputes. However, due to the economic level legislativeconstraints and ideological influence, the existing inheritance laws provisions fortestamentary freedom too broad, limiting the freedom of the will must remain in thesystem of legal protection of the rights for the heirs inherit too narrow.With the rapid socio-economic development, the sharp increase in household wealth,marital values, has undergone major changes, as testamentary disposition of personalproperty growing number of cases, making our existing inheritance laws in restricting thefreedom of the will of citizens exposed areas weaknesses and limitations of the moreprominent, so that our legal system is imperfect judicial practice intestacy difficult. As thesystem of legal restrictions on testamentary freedom exists in civil law countries, caneffectively balance the interests and heirs inherited disposition testamentary testamentaryfreedom conflict. Paper through its restrictions on testamentary freedom of thinking,foreign Heirship system study, combined with China will Reservation System, drawing onhis experience in national legislation based on the building in line with China ’s nationalconditions Heirship system to make their own conception.