A Study Of The Forfeiture System Of Heirship In Succession Law

The system of inheritance right is divided into narrow sense and broad sense.The narrow one means that When heirs commit a crime or some illegal acts to the be inheritedor other heirs, or do improper behavior to the will, they should be deprived of the inheritance of the qualificationin accordance with the provisions of the law.The broad sense contains the content of the narrow one,at the same time,it covers canceling the inheritance according to the.instructions of the be inherited.It's an important part of the succession system in our country, plays the role of safeguarding the legitimate rights of the parties,sanctioning for violations, maintaining among relatives of good ethics, building a society under the rule of lawIn our country about the legislation and judicial interpretation of forfeiting the right of inheritance are formulated in 1985, due to the limitations at that time the legislative conditions and legislative technology, China Inheritance loss in the content of the system is too simple and principled, brings inconvenience to the operation of the judicial practice. For example, the legal reasons for the loss of the right of inheritance provisions are not comprehensive enough, and the relative loss of the scope of the provisions are relatively narrow, etc.. Today, over the past 30 years,China's economy has achieved rapid development. A large number of social wealth has been accumulated. Inheritance disputes is increasing and becoming more and more complex,so, revising and perfecting the system of forfeiting the right of inheritance has become an urgent issue in our country.At present, with the Chinese civil code compilation in full swing,the research of inheritance law should be paid more attention, especially the loss of the right of inheritance.. The current research results in this field are mostly distributed in academic monographs and papers. This paper attempts to draw on previous research results and experience, completes the systematic analysis of the system, puts forward perfecting the system of legislative proposals of forfeiting the right of inheritance in the mainland of China on the basis of investigation and analysis of the deficiency of existing provisions in our country and study of the legislative experience of foreign countries and Hong Kong, Macao and Taiwan, and on the combination of judicial practice.In addition to the preface and conclusion, this paper mainly consists of five parts:The first part is an overview,and mainly introduces the origin and basic content of the system of the loss of inheritance.The second part mainly introduces,compares and analyzesand the legislation of foreign countries(including France, Germany, Japan, Switzerland, Italy, Russia,Britain and the United States)and Hong Kong, Macao and Taiwan.Review and comment on the legal reasons, procedure, effect and recovery of the loss of this system.The third part mainly introduces the legislation of mainland China and analyses of its deficiencies and disputesThe fourth part tries to learn from the experience of foreign countries and China's Hong Kong, Macao and Taiwan to modify and improve.