On The Perfection Of Our Special System Of Leaving System

Testamentary freedom is a basic idea of contemporary testamentary succession system, but to maintain the family ethics and order, countries around the world, insisted on the freedom of the will, at the same time also by setting up special leave a system such as system restrictions on freedom. Though in the current inheritance law in the form of law in China has made a certain limits to freedom, inheritance law only the successor of the "double no" personnel and the unborn fetus gave certain will be following a succession, but the restrictions on the freedom of the will power compared with foreign treu of system is weak, only from Fu Ruo Ji Pin humanitarian perspective, the "double no" personnel and set will be following a fetus, treu of system compared with western countries, this limitation is very weak, due to involving not only our country will be the main body of the range is very narrow, standard and subject not clear, share how much there is no specific standard, makes the testator excessive indulgence of individual will. This way of legislation do not tally with the nature of identity succession law, and family pension law education function of young don’t correspond, wearing thin and easily cause family ethics foundation in the relationship, and even cause damage to the family order and social justice.Along with the development of social production, productivity, increasing social wealth, the consciousness of people is increasing, people for their own interests is becoming more and more careful, plus the increasingly open society, will be more widely applicable, freedom makes a lot of people in the use of the law, the gap will abuse freedom, let some people ate kui on heritage segmentation, did not receive their due interests, this also makes the family conflicts escalating, friendly and harmonious relationship between close relatives, so, leave a copy of the system as a regulation in the inheritance law becomes increasingly important, need to be perfected. This article will analysis our country treu system legislation present situation and the existing defects and the insufficiency, through the observation the legislation system of foreign countries treu copy and on the analysis of its value concept of our country, leave a copy of the system legislation put forward some personal ideas and specific Suggestions. In this paper, we view the testamentary succession system in our country there are serious deficiencies and defects, need to be further improved and perfected. Successions as the identity property, testamentary succession can’t blindly follow the principle of free will, equity between should also be appropriate to consider other value, should be in the legal restrictions on free will to make clear, adaptable to the development of China’s national conditions, for a system.