The Enlightenment Of Japanese Special Reserve System To China

The law of succession of the People's Republic of China(hereinafter referred to as the law of succession)establishes the interests of a certain range of legal heirs in accordance with the provisions of the compulsory succession system.It will limit the testator's testamentary freedom following a system,it must be in a will remain a part of the property to the disabled required by law,who cannot work or live independently,for the protection of the weakness to give this part of the legal heir a certain protection.At the same time,in the case of the fetus,it is necessary to retain a certain amount of property for the fetus and protect the interests of the fetus.Compulsory succession system will play a certain role in the judicial practice,but with China's inheritance cases in judicial practice has become increasingly complex,the testator gives the property by a way of bequest to their own housekeeping staff,this problem crops up frequently,or the third phenomenon who has improper sexual relations outside of marriage is gradually increased in our country,compulsory succession system is unable to solve the existing various inheritance disputes effectively in judicial practice.In Japan,the legal heir of the interests of the protection system is more perfect,the provisions of the Japanese special share system in the"civil code of Japan",the provisions will need to retain a certain property to legal succession specific people,once did not retain or the amount is insufficient,portion right people can apply for a deduction of the corresponding share of the estate to safeguard their own interests.But because of Japanese special share system developed earlier,it also encountered various difficulties in practice,this paper will combine some of the theory about Japanese special share system and practice status,analysis the necessity of establishing special share system in our country on the present stage,and put forward the corresponding suggestions.This paper is divided into four chapters.The first chapter is the introduction of the article,which will mainly lead to the main issues of this study through judicial cases in practice,and will introduce the current status of the "special share system" in China and Japan at this stage.The second chapter is an overview of the special share system.In this part,this article will mainly introduce some basic contents of Japan's special share system.This paper will analyze the detailed concept of special share system at the same time,it will also compare the analysis of the special share system with compulsory succession system to find the inadaptability to Chinese judicial practice,emphase the necessity to establish the compulsory succession system in China.The third chapter,it will introduce the existing problems and shortcomings of Japan's special share system at this stage.First of all,this article will introduce some specific legislative provisions of the Japanese civil code on Japan's special sahre system,which can confirm the legal basis of this study while understanding the Japanese system.Secondly,the article will analysis and summarise the Japanese practice of compulsory succession system combined with some cases in Japan in the judicial practice,while acknowledge its achievements,it will also introduce some issues such as the definition of the nature of right is fuzzy,equity allocation problem and to reconcile issues such as inheritance and legal succession.The fourth chapter is some suggestions on the construction of special share system.This article will be combined with the inspiration we gain from Japan's special share system,and put forward proposals for the construction of our system.Because there is no special share system at this stage in our country,this article will put forward suggestions from the special share system construction style,special share right subject,special share right amount,special share right relief and so on several aspects on the construction of special share system.In the process of proof,this article will also compare and analyze some of the legal construction in Japan,so as to find a better way for our country's system construction.