A Research On Discretionary Heritage Distribution Right

Discretionary heritage distribution right is refers to the outside of the heirs, usually rely on to be the successor of the maintenance to maintain life, its lack of ability to work and no source of life or of the decedent paid care more dependents may, according to law, request the right to obtain appropriate heritage, its establishment is in order to make the heir to those who meet the legal conditions of the protection of the rights and interests of legalization.Discretionary heritage distribution right in China’s development can be traced back to the Western Zhou Dynasty, which is the traditional virtue of our inheritance system promote the old-age child care, care of sick continue to carry forward the,and to compensate for the lack of inherited functional system,similar in nature to the legal claims. But on the current China’s "Inheritance Law" Article 14 of heritage action to the relevant provisions of the right point of view, the original text very general and abstract, heritage action to the right of the main only heir outside of no source of life and lack the ability to work, and the right to exercise sequence and condition did not make clear. Therefore, in the currentsituation, it is even more urgent need for China’s "Inheritance Law" to improve the corresponding.The article combines with the reality of judicial practice case from different angle analysis found currently our heritage action to rights provisions of the deficiencies, and puts forward the of our legacy of discretion to the suggestion of legislation. Specific include: expand legacy to the subject of the right to enjoy looking succession heir, legacy in the precondition of identified as "missing" conditions, flexible interpretation, heritage action is set to the maximum amount to no more than heir income share of 1/2, and combined with the dependants of the actual situation, support level, was heir to the meaning of considerations, perfect for legacy in the litigation procedure.