The Research For The Conflicts Of Marriage And Family Ethics And Spouse Legal Succession

In regulating property inheritance Chinese marriage and family ethics still have enormous influence, particularly in the spouse legal inheritance system, some of the rules that the current inheritance law, don’t adjust the proper relationship between law and marriage and family ethics. Because the current inheritance law is drafted to the planned economy system, short of supplies, people have no properties basically, and we keep a very simple inheritance relationships in our country, so under the tune of "inheritance law" should be in the appropriate coarse and not be the overall design, some articles are relatively simple, have serious shortage, such as don’t have preferential rights and usufruct, living spouse lost the ownership and the right of use of necessary items which to maintain a normal life when they have the marriage bonds, which cannot protect the rights and interests of the survival spouse fully.But along with the rapid economic development of our country, the current inheritance law system also needs to make appropriate adjustments, to adapt to the needs of social development. Current states pay a great attention to the inheritance system, and do protect spouse’s succession, especially based on marriage and family ethics, construct a spouse to inherit, have very important significance.This article is based on a case lead to conflicts between marriage and family ethics and statutory succession law, discuss the problem of the current spouse statutory succession system. By reference to foreign legislation characteristics, and related scholar’s view, and put forward some amendments to the current inheritance law in China. In this paper, I structure into five chapters.The first chapter through the case put forward:what is the distinguishing feature of marriage and family ethics in China? What is a spouse to inheritance? The reality of conflict between the Marriage and family ethics and spouse statutory succession laws? The reason analysis of Marriage and family ethics and spouse statutory succession law conflict? Amendments of Marriage and family ethics conflict with spouse statutory succession law?The second chapter discuss the reality of conflict between the Marriage and family ethics and spouse statutory succession laws?The third chapter mainly analyzes causes of the marriage and family ethics and spouse statutory succession law conflict analysis. This chapter from the legal principle analyze the conflict between the marriage and family ethics and spouse statutory succession law.The fourth chapter propose amendments of marriage and family ethics conflict with spouse statutory succession law, main proposed amendments are: feasibility analysis of the two conflicts, ethical defects of statutory succession, remodel the spouses of statutory succession and improve the spouse statutory succession.