Localization Of The Heritage To Buckle And Build

Fairness is the ultimate goal of the law, and it is also reflected in the whole civil legal norms. At the beginning of the succession, the first is to define the appropriate successor, and then to determine the scope of the property can be inherited. And deduction system belongs to the succession law in a necessary provisions, it is clear the decedent has special gift is separated by a property after, and then began to inherit a system, which contains the special value and function. The provisions of China’s "Inheritance Law", to do a major obligation and heir to common people living in the division can be divided into.Although the provisions of this paragraph may be appropriate to make up for not yet specified in the deduction system, but compared with the real significance of the deduction, there is a gap, so that the common successor can not achieve equality, fairness. This paper in view of the current legislation of our country lack the deduction system of the relevant provisions,coupled with social have many and the system is similar to that of folk custom and area from Hong Kong, Macau, Taiwan and most have enacted the deduction system,so from the theoretical and practical level considerations, to ensure that the co heirs of the fair, perfect relevant provisions of the inheritance law, conform to the development trend of international law, we should construct the collation system compatible with China’s national conditions.This thesis is on the basis of the results of previous studies, the heritage belongs to the deduction system of basic theory and the establishment of China’s heritage deduction in the possibility of the system are discussed, and reference of other relevant laws and regulations, to construct a consistent with China’s actual situation proposed, to enrich our country law of succession, CO heirs of fairness and equality is to be achieved. This article is mainly divided into three parts:First, the introduction of the basic content of the return. This part from the connotation of the system, the origin, the present situation and the value of foreign countries to explore the level of value, for the future of our country to provide favorable theoretical support.Secondly, analysis of deduction and fair, autonomy and ownership of the objection, and discusses the inheritance law adopted the deduction of the necessity,feasibility, which require combined with China’s specific national conditions and the social reality, to construct the equity joint heirs of interest.Finally, the construction of the deduction of our country. This part of the main body,the subject of the subject, method, system, and other aspects of the effectiveness of the system to build the system put forward the corresponding recommendations.