On The Construction Of The Legitim System In China

The legitim system originated in Roman law, it is mainly used to constrain thetestamentary freedom of Testament, most countries in the world has inherited the systemof Roman law. Both the countries of continental law and common law countries, there aremore detailed provisions on this system, to play a positive role in the protection of theright of inheritance and its successor, maintaining family stability and maintaining thefamily ethics etc.The legitim system development so far has already become a historic andmature system. Since the1985enactment of the Inheritance law, after decades of socialdevelopment and economic changes, it has never been amended, the existing inheritancelaws have been significantly difficult to adapt to the needs of social development,especially the lack of the legitim system of China inheritance law, cause a lot ofinheritance disputes happened in reality in the lawless the embarrassing situation, theinheritance of heirs is difficult to guarantee, the freedom of testament heirs of is too broad,resulting in a large number of inconsistent moral values will produce inheritance disputes.The article takes this as a breakthrough point,analyzing the advantages ofThe legitimsystem, comparison and analysis of China’s current situation of The certain heirdomsystem can not meet the practical demand, according to the existing situation of ourcountry put forward the suggestion of the legitim system in our country, in order tocontribute to theoretical research in the law of inheritance.In addition to the introduction, the article is divided into four parts:Part I: This section introduces the concept,the legal characteristics, the nature of The legitim system,grap The legitim system on the whole and analyze the legal significance portionbuild the system in real life in our country, made a preliminary discussion of theoreticalpreparation for the following content.Part II: This section uses comparative analysis, detailing the system of some majorcountries in the two legal systems, through comparative analysis pointed out theadvantages of the system where the two legal systems and their characteristics, provide areference for China ’s construction of the legitim system.Part III: The main purpose of this part is through the introduction of the status quo ofour existing certain heirdom systems and make a stand and present of the academic controversy about the existence of the system or not,thereby results of there is no legitimsystem, only a similar certain heirdom system.Then analyzes the defects of certainheirdom system on limiting the freedom of the will and maintenance family ethics and other aspects, and further demonstrates the urgent need to build our legitim system,provide theoretical support for the fourth part of the construct of the legitim system.Part IV: This part through the experience of two law systems of legitim systemexperience and considering the reality of our current situation, put forward concrete ideasto build our legitim system. The author puts forward her own idea on the subject of rights,the author constructs our country of legitim system and the system of certain heitdom ofrelations with other aspects, suggested that future of legitim system to absorb the existingwill leave a system, form the legitim system that has China characteristics, and put thefetus, legal heir who fulfil one’s obligation on the basis of the article28and29of"marriage law", and the heir who is lack of ability to work and there is no source oflivelihood into the range of the legitim system.