Legal Research On Abandoning Succession System

Renouncing inheritance is a system in which the option of succession is to be protected.Legislation in our country,only 1985 of the inheritance law of the People's Republic of China and the September 11,1985 the supreme people's court issued on carrying out the opinions on some issues of the inheritance law of the People's Republic of China in the communist party of China is involved eight provisions,far cannot achieve the establishment of the abandon inheritance system.In recent years,Chinese scholars have come up with several draft amendments to the proposed law of succession.In this paper,based on the relevant legislation of other countries and regions,our country the authority of the inheritance law draft,according to China's legal environment,constructing disclaims inheritance system of legislative proposals are put forward.This article is divided into four parts:The first part is to give up the theory of inheritance system,and introduce the concept and related theory of disinheritance from the aspects such as essentials,constraints and effectiveness.It laid the theoretical foundation for the whole article.The second part is about other countries and regions disclaims inheritance system legislation,in Germany,Japan and Taiwan,Macao's legislative interpretation.It is possible to find that Germany is more careful about giving up the important elements of inheritance;Taiwan stipulates the ownership of the following share,but is relatively complex;Macao's more effective rules are still needed.The establishment of our country system has certain reference significance.In the third part,China abandons the status quo and shortcomings of the inheritance system,and the inheritance system of our country has many defects and shortcomings compared with other countries and regions.By analyzing the legislation and the judicial situation,the paper finds that the specific problem of inheritance should be given away from the root cause,so as to make sure that it is more operable in practice.The fourth part,the improvement of the system of disclaims inheritance,through analysis and comparison of the three parts before,put forward a lot of problems in the system of our country's disclaims inheritance,in the last part of this article for given a reasonable response to these problems,and be able to correspond with the above,the article also more complete.