On The Perfection Of The Legal Inheritance System In Our Country

Legal succession is usually referred to as the inheritance of the non will, which is a kind of inheritance way, which is directly prescribed by law, the scope of inheritance, the sequence of succession and the principle of inheritance distribution. "The People’s Republic of China Inheritance Law"(hereinafter referred to as the law of succession ") through 1985 April 10, the Sixth National People’s Congress Third Conference shall come into force on October 1 of the same year, China’s first civil single law. "Inheritance Law" promulgated and implemented, so that our country’s legal system of inheritance with a systematic and complete regulations, the legal heir of scope and sequence, succession by subrogation and heritage of the distribution for the more specific provisions. This has played a positive role in protecting the right of citizens to inherit property, promoting mutual solidarity among family members, promoting social and economic development, and stabilizing social order. But with the rapid economic development and social changes, the original provisions on the scope of legal heir and order is still appropriate. Caused controversy in the law circle, scholars have controversial. The focus of controversy is mainly the following issues: legal heirs scope should be expanded; the inheritance order of spouse, parents should adjust; widowed daughter-in-law, son-in-law and following the inheritance rights of children whether it should be abolished; consanguinity inherit the order of succession should be how to arrange, the subrogation right of inheritance. In this paper, the following four parts to discuss the legal successor to the relevant system of adjustment and other issues, and put forward the improvement of the legal system of inheritance measures and legislative proposals.Introduction of legal succession system in this paper, we study the reasons and significance, introduces research results of scholars in our country at present stage in perfecting the legal system of inheritance, and in the process of writing research ideas and methods of argumentation.The first part through the introduction of legislation status of our country the legal inheritance system, put forward existing in the present Chinese legal inheritance system is unreasonable, points out the problems and defects of the existing legal succession system in our country, the main inheritance people as a whole over the narrow, spouse, parents inheritance CIS sequence and subrogation inheritance, and other issues, and specific analysis of the causes of the defects of Chinese legal inheritance system, including the level of theory and practice.The second part describes the main modification in China’s current legal succession system the necessity and practical analysis, the necessity of including the need of economic development, the social background of the change and the family structure change, economic basis decision superstructure, which is the eternal truth, economic development has brought the adjustment of legal succession system is inevitable. Social background and the family structure change makes the inheritance scope and order of succession to the situation of the missing, delayed marriage and childbearing and family planning policy implementation, legal order of succession of the second Shun almost bit is furnished. Also analysis about the practice of including civil codification, social law expert proposal draft, four parts of the advanced experience of the relevant judicial interpretation and the relevant foreign legislative, the compilation of civil code of legal succession system continue to improve the proposed realistic requirements. Professor Liang Huixing and Professor Yang Lixin have put forward their own proposals on legal inheritance legislation, there is a strong practical significance. The practical cases and judicial interpretation related to the Supreme Court provides a reference for the perfection of the legal system of inheritance, and it is also the progress of the legal system. Continental legal system and the common law countries have a wealth of legislative experience, the provisions of the legal inheritance is more mature, we can through the absorption of contrast, and translated into suitable for China’s national conditions.The third part, combined with the actual situation of our country, draw lessons from foreign advanced countries and regions on the legal inheritance related issues of the legislative provisions. In Germany, France, Britain and the United States the relevant statutory succession system the relevant provisions of the analysis, related to the heritage range defined parents, children, spouse inheritance and subrogation inheritance, thus obtains the I legal inheritance system modification should use for reference significance, to improve the legal system of our country is extremely important.The fourth part is mainly to our country at present the legal inheritance existence question revision suggestion. This part mainly focuses on the problems in the first three parts, and puts forward some related suggestions. A reference to the foreign advanced countries and regions of statutory succession sequence of legislation, introduced with emphasis on the legacy of the redefinition, statutory succession the scope and sequence of adjustment problems, inherit in subrogation theory reference. At the same time, the spouse is not fixed in a certain order of succession and to determine the priority of mating legal inheritance share.In the conclusion, the paper puts forward some suggestions to improve the whole paper, and explains the deficiency of this paper. At the same time, it makes a clear conclusion about the introduction and conclusion.