Identification Of The Effectiveness Of Printing Testament

With the popularity of computer, using a computer to write and save text has increasingly become a common phenomenon, which reflects the trend to replace the traditional way of writing. The phenomenon to use a computer and a printer to make a testament has come into our life, and has a great influence. But the law does not stipulate the effectiveness of the printing testament. The current law of succession only stipulates five kinds of testament, including holographic testament, allographic testament, recording testament, verbal testament and notarizational testament. With regard to the property and effectiveness of the print testament, the inheritance law has not relevant provisions, what’s more, there’s no judicial interpretation giving a unified opinion. And there’s many dispute in the judicial practice.Printing testament is not stipulated in the current law, so it can be classified in the defective testament. Only admitting the modetation of testament form, can printing testament have the possibility of effectiveness. And only after discussing the property of printing testament, can it has effective basis.First, through analyzing two typical cases, this paper proposes the focus questions——the testament form should be moderate or not, and what’s the property of printing testament.Second, after discussing the necessity of the existence of printing testament, and combined with the legislation abroad, this paper discusses that the domestic legislation should be moderated, and then proposes that on the premise of insisting strict requirements on the form of testament, we do need to make moderation treatment towards it, thus solving possibility of the printing testament effectiveness. At the same time, in order to protect the the realistic of testament, and in order to narrow the difference from the Judicial Discretion, the moderation treatment should be controlled in limit.Third, through analyzing the law and jurisprudence of Britain and Japan, this paper discusses the property of domestic printing testament, and proposes that printing testament should not be identified as holographic testament. Then according to the different situation, this paper discusses the effectiveness regularly. And then, as a kind of evidence in the Procedure Law, testament form involves in the problem of the burden of proof and the standard of proof. And this paper discusses this problem incidentally, and proposes that we should improve the standard of proof of printing testament.Last, this paper proposes the amendments and comprehension suggestion towards article17of the inheritance law and article35of f the inheritance law views.The social is progressing, and law can not stop the appear of new testament form. So what we can do is to exert law’s potential, and make forward-looking provision or unified understanding. At the same time, we should Put rational attitude towards new things.