A Study Of The Monk Legacy Inheritance

Probate is the last continuation of citizens' personal property relations.Citizens legitimately dispose heritage, not only reflecting the respect for the dead, also for the comfort of the livings. There is few people know about Monks inheritance,While between the members of monks and Buddhist Association, conflicts become more and more in judicial practice.Due to the problem is blank in our law, the Supreme Court has no reasonable means to resolve the current difficulties.By studying the history of jurisprudence on the ins and outs of the method monks legacy issues to sort out, hoping to provide a reference to the relevant legislation and judicial practice.Apart from the introduction and conclusion, a total of four chapters:In the first chapter, through the judicial disputes related to the succession of the monk's inheritance, the author finds that the families of the temple and the dead monk are both required to inherit the dead monk's inheritance and the contradiction of the dispute between the monk's inheritance and the monk's inheritance. The essence of law is the conflict between Buddhist customary law and secular law, which leads to the problem of whether the monks have private property and the legal succession of the monks' Heritage in the law.No private property to speak of inheritance, the second chapter determine the scope of the monks of private property.Firstly,We analysis private property of monks in the context of history.The truth is:lots of monks possess private property was actually happened.Secondly,combined with China's civil law about private sources property modern monks and sorting them, which affirmed the legality of the monks income.At last,through the analysis to determine the scope of consolidation monks of private property, including property rights,intellectual property, debt and so on.The third chapter is the core of this article,also the difficulty,according to the monks around the start on inheritance.The law focus is legal and reasonable,a good law should not only legitimate but also sensible.How to deal with the monks heritage has long been,we must learn from history,and take its essence,throw its dregs,while also comply with the modern concept of the rule of law.The first part of the inheritance from the monks legal basis tostart,elaborated on the basic provisions of the monks heritage that should be followed.The second part is mainly about the legal heir to determine clearly the relationship between the temples,monks and among the families,in order to determine the legal successor to the monks.The third part introduces the inheritance began reasons.The fourth chapter is for the monks to explore the center of intestate succession.By setting Wills is one of the ways to arrange the property, according to intestate succession is respect for the dead.From people to monks,they still has the freedom to make a will, which is the constitutional right that everyone should enjoy.Therefore, the monks' wills should apply the law of succession on intestacy content.