Research On The System Of Hotchpotch Setting Up In China

Since the implementation of the law of succession, the law in relation to adjust inheritance law and protection of citizens to inherit private property has made a significant contribution.With the rapid development of China’s market economy,all kinds of property inheritance disputes with increasing of people’s private property, number and type,the various social contradictions have become increasing,the relations of inheritance law have become more complex.According to our country folk inheritance custom,the decedent send their own property as a gift to the heirs in his lifetime. the parents usually give the gift to their children,especially to buy a house building,conduction marriage,study abroad and so on. After the decedent died,heirs can not share more heritage since he did not receive gifts during his lifetime,this lead to inequities between the co-heirs,Co-heirs have become enemies because of contenting the property,to some extent,it already has destroyed the traditional ethics of our society.In our country,the rule of law has become the demand of the times,judging the law is the premise and foundation of the rule of law.In this background, "Inheritance Law" as an important part of civil law,its modification and enhancements have been put on the agenda.In the draft, "People’s Republic of China Civil Code" drafted by the jurists,whether to set up a heritage to buckle system and how to set up the system,is controversial among scholars. The basic theory of the heritage to buckle system and the foundation of our country to set up a heritage to buckle system are discussed in this paper,the basis of the system of our country to set up a heritage to buckle has analyzed,combining with foreign legislation experience, in order to put forward the corresponding suggestion on how to build our country’s heritage to buckle system,in order to perfect our legal system of inheritance,for realising the fair bettwen common heir.This paper discusses the following five parts:The first part,by introducing Liu Mou sheng and Liu Mou yuan inheritance disputes,to see our inheritance law in heritage share and heritage of the insufficiency of the segmentation and defect,in order to pave the way for the introduction of heritage owned buckle system.The second part,discussing the basic theory of inheritance owned buckle system,mainly owned by deduction from the concept of legacy systems,the historical evolution of the system as well as other aspects of the legal function.The third part,this section analyzes the necessity of the estate owned by the establishment of the system of and heritage buckle buckle system and return ownership theory,gifts and conflicts related to the coordination of legal theory and civil law principle of autonomy of conflict and coordination, and demonstrates the foundation of our return buckle system with the establishment of heritage.The fourth part,the fourth part of the system mainly comparing the status quo in a foreign country and in parts of the legislative comparative analysis and summary,introduces the legislative status quo in Germany,France Japan,Switzerland, Italy and Taiwan and Macao in return buckle institutional comparison countries and regions at the same point to analysis of the institutional and different points of views and opinions of the author obtained.The last part,putting forward suggestions on to a system of legislative choice in China,mainly from the obligation to return the main heritage deduction,eduction of objects owned by the scope of heritage,heritage owned deduction way,the value of the estate owned by deduction calculation,request time to return deduction,etc. get on.