Rethink And Improvement About Discretionary Heritage Distribution System

Discretionary Heritage Distribution System is legal institutions that legal subjects except inheritors have the right to ask for appropriate heritage accordingly. It is a legal form for people who are not inheritors but keep close relationship with deceased to gain some inheritance. The system is aimed to entitle them the right.The text consists of four parts, the first part concentrates on the loopholes of domestic research about Discretionary Heritage Distribution System, firstly elaborates the domestic and international context of Discretionary Heritage Distribution System, than clarifies the basic relationship with Heritage Family Provision System. Afterwards, seeks theory evidences of Discretionary Heritage Distribution System. After that, summarizes the features of this system different from Inheritance by operation of law, accordingly analyses its functions.The second part analyses the problems in theory, legislation and judicial practice about Discretionary Heritage Distribution System of China. In the aspect of theory, the lack of correct understanding about the legal nature of the right leads to indeterminate position of the System. In the aspect of legislation, the specific provisions about Discretionary Heritage Distribution System in China exist shortcomings. In the aspect of judicial practice, some data help to reflect the nonstandard situations about Chinese judicial practice.The third part based on the second part, draws lessons from same or similar foreign system, namely Discretionary Heritage Distribution System and Heritage Family Provision System. Firstly, this part makes a comparison between Discretionary Heritage Distribution System of China with Japan and South Korea’s system. Secondly, the author makes a comparison between Discretionary Heritage Distribution System with Heritage Family Provision System.The fourth part provides new way to reconstruct Discretionary Heritage Distribution System of China based on above three parts. First of all, the author explains the realistic background of reconstructing our Discretionary Heritage Distribution System. In addition, the part introduces legislation background of system improvement, namely the future revision of China’s "Inheritance Law". Finally, provides the specific path to reconstruct Discretionary Heritage Distribution System of China.