Study Of Deduction System In Carve Up The Legacy

The deduction system originated from Han Mola Code,developed from Roman Law,in many civil law countries,the system to be universal in the inheritance and development.The deduction system has a long history,but still vibrant,its charm lies not only demonstrates the principle of fairness, freedom, justice and orderly,but also reflects for the civil essence of decedent autonomy.Since the China Inheritance Law has been promulgated in 1985,many earthshaking changes has been happened in the realm of political,economics and cultural,along with the addition of people’s private property and the strengthen of the concept of private ownership,all the people in China are looking forward to the new China Inheritance Law, which is suitable to China.Therefore,it’s naturally to built a suitable deduction system in our country.This paper consists of four parts.The first part describes the defection of the present law,and this part focus on the reasons of the absent of the deduction system and a series of problems in the field of law,theory and reality,and it’s necessity to introduce the deduction system.The second part uses the method of historical analysis and comparative analysis,to state the original,evolution and mature of the system.By compare of different deduction system of different countries in different periods,and provide a theoretical basis for the construction of a suitable deduction system in our country.The third part constructs a specific and suitable deduction system in our country,from the legislative model,precondition,subject,object,manner and eliminating of the deduction system.This part start with the position and function of the system,to introduce the relationship between the system with the donation system,real right system,autonomy of will of deceased,levy of inheritance tax and litigation cost,and analysis the feasibility of the legal transplant of the deduction system.and analysis the significance to establish the deduction system from the level of jurisprudence and realistic.The fourth part attempts to evaluate the different Proposal Draft of China Inheritance Law,and proposes the legislative suggestion of the deduction system,which can be the reference to the revice of China Inheritance Law.