Study On The Legal System Of Inheritance

China's "Inheritance Law" has not been revised since 1985,so there are only Article 32 and the "Supreme People's Court on the implementation of the" People's Republic of China Inheritance Law,"a number of issues" Article 57 of the two provisions The inheritance of the inheritance,in the past 30 years,China's rapid economic development,the individual's personal property also will be rapid growth,"Inheritance Law" Article 32 of the current social situation is not operational,and The provisions of the existing legislation on the unaccompanied heritage system in our country are basically gaps and are incompatible with the social situation in our country.Therefore,it is necessary to build our country without inheritance heritage system,is conducive to protecting the private property rights of citizens,to play the social value of heritage,to achieve heritage support function.This article combines the case,and from these three aspects put forward the feasibility of the proposal to promote the inheritance of the inheritance system in our country to establish and perfect our country's inheritance legal system.This article is divided into four parts by the introduction,the text and the conclusion.The first part gives an overview of the inheritance system.After the announcement process,no one accepted the inheritance and no one received the legacy of bequests,and then for the unmanned inheritance system of our country to analyze the status quo,and France,Japan,Russia,Britain,the United States no inheritance heritage system inspection And to analyze the purpose of the other countries by no one to inherit the heritage system to sort out,to find out the various countries in the unacceptable heritage similarities and differences,learn from their results,learn from their experience,to improve our country without inheritance heritage system to find worth Learn from.The second part is through two cases,the study of practice in unqualified cases in the suspects,difficulties,that is,in practical judicial practice,due to can not follow,there is a case of different cases,which reflects my country There is no evidence that the inheritance of the inheritance system is unaccounted for.The third part is the combination of cases,analysis,practice for unacceptable heritage cases lack of operational laws,China's unmanned inheritance system there is a lack of heritage management procedures,the lack of notice procedures and unattended heritage attribution unreasonable Of the problem,according to these problems summed up the unmanned inheritance system can be from the management,reporting procedures and ownership of the three aspects to build.The fourth part is for these proposals to build our country unmanned inheritance system specific recommendations.The unsupervised property management shall be subject to the application by the court to the estate manager or directly by the village committee or the neighborhood committee as the estate manager to carry out the inventory and custody of the unacceptable estate and give them a certain remuneration.The procedures for the establishment of our country shall be submitted by the administrator to the public authority,and the organ shall be notified,the heirs of the heirs,the creditors and the beardees of the heirs shall declare them within the statutory time limit,and shall be classified according to the value of the inheritance,announcement.For the inheritance of unacceptable inheritance,the estate can be distributed to the person who is dependent on the heir,etc.,in the case of these people do not exist,only the legacy of the national treasury or collective organization.