A Research On The Issue Of Special Property Inheritance

With the fast development of modern society, the types of property possessed by citizens have become more and more, however, while the laws of inheritance that regulate what properties citizens can inherit do not keep up with the pace. According to article 3 in Inheritance Law:“Inheritance is personal and lawful property left by the citizens when they are dead, which includes the following aspects: 1. Citizens’ income; 2. Citizens’ houses, savings and articles for daily use; 3. Citizens’ forests or woods, livestocks and poultries; 4. Citizens’ cultural relics books and materials; 5. Means of production lawfully owned by citizens; 6. Copyrights and property rights of patents; 7. Citizens’ other lawful properties.”In our country, the regulations about inheritance adopt enumeration type, though the seventh provision of the third article regulates that citizens’ other lawful properties also belong to the domain of inheritance, it is very vague, which, in judicial practice, leads to the argument that whether the properties that are not explicitly listed should be regarded as inheritance. Thus, the research about this aspect becomes very important.This paper carries out the research from the perspective of practice, and move on to study law issues through the classical cases in judicial practice, and further analyzes whether the controversial properties should be regarded as the dead’s inheritance, finally it presents the results after the research and have analysis about the cases.In addition to the foreword, this paper totally includes four chapters, which focus on the further studies about whether the four common and really controversial properties, that is, digital properties, the contractual right of land, death compensation and stock right, should be regarded as inheritance. The first part will mainly focus on whether digital properties can be regarded as inheritance. This part will mainly analyze and solve the issue about whether digital property belongs to inheritance, and if it belongs, then how it should be inherited. The structure of the second part is similar to that of the first part, which will mainly focus on the study about whether the contractual right of land can be regarded as inheritance.Through the analysis on the civil classical cases, and referring to South Korea, Taiwan and other countries’（regions） regulations about the similar inheritance issues, this part will solve the issue about whether the contractual right of land can be inherited, and if it can, the what choices of inheritance are under different circumstances.The third part is the analysis and study about whether the death compensation, which is a big controversy, can be inherited. This part will make a deep analysis about whether the death compensation should be regarded as inheritance and if it should be, then what should be paid attention to, through the definition of the nature of death compensation. The fourth part mainly focuses on the analysis about whether stock right can be inherited. Stock right is an indispensable part of modern economic life, and increasingly walks into the ordinary’s life. As for the inheritance of stock right, this chapter will start with practical case, then to the questions, and have a study and analysis on whether stock right can be inherited and if it can be, then what the procedures are.