On The Legislative Proposals Of Inheritance Contract

Law of Succession of The People's Republic of China(referred to as the"Inheritance Law" in after in the thesis)has been issued for nearly thirty years,showed that the judicial practice in the last thirty years,from the current "Inheritance Law" of the content can know when the "Inheritance Law" was promulgated and implemented in accordance with the law established for the protection of the citizens of lawful private property of citizens as the principle,to stimulate productivity freedom and creativity of the subject,has played an important role in the reform and opening up.But in the past thirty years,China's social economic and cultural aspects have changed greatly:the rapid development of China's private individual economy,great changes have taken place in the national economy;social and cultural,social and family structure changing and narrowing,Chinese traditional family concept gradually faded;social culture has been more and more open.In judicial practice,China's "inheritance" limitations of the application,wills,bequests and bequest inheritance way etc in the role but also reflects the shortcomings,can not meet the actual demands of the people under the social background.A contract of one natural and the other natural person appeared many times which is worth mentioning is that in recent years in the social life through and including the legal heir,the way of negotiation and how to arrange their own maintenance and inheritance issues,with the universal law should be identified as the character of this kind of contract,whether has the effect at present,China's legislation or point blank,it is necessary for us to study.While the foreign popular contract of succession with this type of contract is very similar,therefore,combined with China's current social foundation,economic foundation and cultural foundation,and the experience of judicial practice in China for many years,"the people's Republic of China promulgated the" law provides good opportunity,the author thinks that the "Inheritance Law" amendment the introduction of legislation of contract of succession is of great theoretical value,but also through the legislative initiatives of the rule of law in China.This paper first describes the legal behavior of China's current "Inheritance Law"the relevant disciplinary heritage and lack of legislation,through the analysis of judicial practice of the typical case,leads to the decedent and life before the signing of the agreement of the statutory succession phenomenon existing in present social life,their living arrangements and support,personal property the ownership of the dead,and that these phenomena are universal,but China's current "Inheritance Law" can't find the right of claim decision this kind of case,so that the limitations of the application of our"Inheritance Law" on the case,after the court mainly for the typical case of the judgment analysis of different perspectives including two courts,the author through the relevant theoretical knowledge of the judgment of the court of reasonable and unreasonable,for The focus of the typical cases,put forward their own views,finally learned that similar this kind of contract of succession case is a blank spot in China's current "Inheritance Law",and no relevant legal basis,so worthy of us to study and solve.At the same time by referring to foreign succession contract system this kind of similar cases,that we can learn from,as well as China's current theoretical circles for the contract of succession view,after further demonstration on the necessity and feasibility of contract of succession added in China.Finally,through the above theoretical analysis,and combined with China's social reality.The solution,which suggested that legislators in the "Inheritance Law" revision of new contract of succession system,make up the blank of our legislation,and according to the specific details of how to develop the system,put forward their own views of the.